New Zealand Case Law: Decisions & Judgments | LexChat

Topic

High court rules r 1.9

Legal area

Court

29 Jul 2020

LEEANN YARE LTD v CARLTON GORE ROAD LTD [2020] NZHC 1853

Citation

[2020] NZHC 1853
Court

High Court

The amendment was refused because the proposed conversion of the originating application and notice of opposition into statement of claim and defence was procedurally deficient and bald (lacked necessary particulars), discovery had not occurred, the amendment would have forced the respondent to meet an entirely different case it had not prepared for (prejudice), and allowing it would likely require further evidence and cause delay; accordingly amendment was not in the interests of justice under r 1.9.
17 Sept 2014

AOTEAROA TOURISM MANAGEMENT LIMITED v MARK GERARD MAHONEY [2014] NZHC 2274

Citation

[2014] NZHC 2274
Court

High Court

The application to set aside the statutory demand was refused because service by email was not proved to have been effected in accordance with the High Court Rules and the court was not satisfied that r 1.9 should be applied to cure the defect; the applicant's evidence was inadequate and no s 291 order was justified, so the respondent cannot rely on failure to comply for liquidation and the originating application fails.