3 Nov 2023
HYDE PARK TRUSTEE LTD v ZUO [2023] NZHC 3116
- Citation
- [2023] NZHC 3116
- Court
- High Court
Leave to issue a third party notice was refused because the defendant failed to demonstrate exceptional circumstances or an arguable defence that required joinder of the nominee; Hyde Park's contractual position (including clause 16.7 and entitlement to call for GST inclusive settlement absent required particulars) and the risk of prejudice and delay from joinder meant the summary judgment process should proceed first; the defendant may obtain evidence from the nominee by affidavit or apply to reapply for joinder if summary judgment is unsuccessful.