10 Nov 2023
WHITELAW v SHAKESPEARE [2023] NZHC 3166
- Citation
- [2023] NZHC 3166
- Court
- High Court
Leave to join the agents as a third party while summary judgment is pending was refused because the plaintiffs' claim for breach of contract was straightforward and strong, the defendant can raise an equitable cross‑claim against the plaintiffs without joinder, the defendant's primary allegations concern representations about her own properties which are unlikely attributable to the plaintiffs, joinder would cause undue delay and complication and was not justified absent credible evidence of insolvency risk or that joinder was necessary to avoid inconsistent outcomes.