31 Oct 2019
ZHENG v DENG [2019] NZHC 2811
- Citation
- [2019] NZHC 2811
- Court
- High Court
The application for leave to file a cross-claim was refused because it was brought after the close of pleadings without sufficient justification, would prejudice trial preparation and cause delay, and the proposed cross-claim was tenuous and contingent on the defendants being found liable; accordingly the Elders Pastoral v Marr test was not met and leave was denied. The court directed a limited hearing on particulars and made timetable adjustments to preserve the scheduled trial.