29 Jun 2011
GREAT NORTHERN LAND COMPANY LTD V DAJI HC AK CIV-2009-404-008510
- Citation
- openlaw-18c53daf_db69_41d5_8ae2_c894851dad57.pdf
- Court
- High Court
The defendant was bound by the unequivocal concession made by former counsel that the impossibility defence would not be run; permitting a fundamental amendment at this late stage would be prejudicial and is refused. Leave to plead relief under s44 Fair Trading Act is permitted. Cross-notice against the second defendant and joinder of the insurer are refused as unnecessary or lacking practical utility. Late service of evidence is permitted but subject to strict, short deadlines. Costs awarded to successful opposing parties on a Category 2B basis with disbursements fixed by the Registrar.