26 Mar 2015
VIGOR-BROWN v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2015] NZHC 582
- Citation
- [2015] NZHC 582
- Court
- High Court
Late filing of the r 5.1(3) affidavit was excused but the plaintiffs could not rely on Rotorua as the registry nearest the first-named plaintiff (who lives in Tauranga); on the facts overall convenience and the r 1.2 objectives favoured transfer to Auckland (defendant's residence and head office, counsel and witnesses, availability of earlier trial dates and need for expedition given age of claim and limitation concerns), so the Court ordered transfer to Auckland and awarded costs to the defendant on a 2B basis.