22 Feb 2021
MILNE v PARTINGTON [2021] NZHC 230
- Citation
- [2021] NZHC 230
- Court
- High Court
The application to file an amended statement of claim was dismissed because the proposed Law Reform (Testamentary Promises) cause of action was not foreshadowed by the pleadings or evidence, was directly inconsistent with the pleaded contract case, would prejudice the defendants by requiring additional discovery and evidence and deprive them of the ability to respond at trial, and the claimant appeared to be out of time with no application for leave to extend time; the fixture would proceed on existing pleadings without adjournment.