14 Jun 2011
FAIRVIEW PARK LIMITED V HARRISON GRIERSON CONSULTANTS LIMITED HC AK CIV-2006-404-006588
- Citation
- openlaw-e8f7283f_7739_4151_ab08_beb9b398e2b3.pdf
- Court
- High Court
The court exercised its discretion: it granted leave for the late filing of evidence and the late interlocutory application because prejudice to the plaintiff was not sufficient and the breach was minimal; it refused leave to amend to add new affirmative defences concerning mitigation relating to the retaining wall and the storm water pond because those amendments would introduce fresh substantive issues at a late stage, causing unfair prejudice and requiring additional expert evidence; it granted leave to amend the counterclaim as a permissible clarification; and it awarded costs to the plai…