28 Mar 2011
THOMSON V CHRISTCHURCH CITY COUNCIL HC CHCH CIV-2010-409-002298
- Citation
- openlaw-43111c72_60cb_47f7_9ff1_a6a51e3333d7.pdf
- Court
- High Court
The High Court allowed the appeal and held the Adjudicator erred in refusing joinder; on the material before the Tribunal there were arguable causes of action in negligence against Equus (1996 specifications and 2003 inspection/advice) and the long stop/limitation issues could not be resolved as a matter of law at the joinder stage, so Equus should be joined under s33(1) to enable full adjudication of liability and contribution after testing of evidence.