28 Nov 2022
SILVER FERN FARMS LTD v A.P. MØLLER MAERSK [2022] NZHC 3120
- Citation
- [2022] NZHC 3120
- Court
- High Court
The Court found the pleadings objectively identified the contracting carrier and the misdescription was a misnomer; accordingly amendment of the defendant's name to Maersk A/S was permitted under r 1.9 and relation back applies for pleading correction purposes; the court declined to treat the Hague‑Visby Rules one‑year bar as automatically defeating amendment at the joinder stage and permitted amendment subject to the defendant retaining any limitation defence at trial; close of pleadings was extended to 19 December 2022.