1 May 2023
JOHN HENRY BOURKE and FINNZ TRUSTEES (2015) LIMITED AS TRUSTEES OF THE JHB TRUST v MARY LOUISE BOURKE [2023] NZHC 989
- Citation
- [2023] NZHC 989
- Court
- High Court
Under r 7.7 the Court granted leave to amend the statement of claim as an indulgence because prejudice from the late amendment (other than for the new solicitor fiduciary cause) could be addressed by further discovery and an extension of time for evidence; however the proposed new cause of action alleging breach of fiduciary duty by the second and third defendants in their capacity as solicitors (paras 41–44) was refused as it constituted a new, distinct and potentially time-barred claim.