9 Sept 2019
SCHMIDT v EBADA PROPERTY INVESTMENTS LIMITED [2019] NZHC 2253
- Citation
- [2019] NZHC 2253
- Court
- High Court
The court exercised its discretion: amendments that merely add particulars for distress, provisionally allow alternative equitable damages, and add two particulars to para 41(a) were permitted because no specific unfair prejudice was demonstrated; the proposed alternative pleading that assets are held for the Schmidt trusts was declined because it was raised too late, lacked a realistic evidential foundation on the existing evidence and risked discovery issues that could jeopardise the trial timetable, but leave to seek that amendment remains open at trial if evidence warrants it.