27 Oct 2016
REAY v THE ATTORNEY-GENERAL [2016] NZCA 519
- Citation
- [2016] NZAR 1672
- Court
- Court of Appeal
The Court of Appeal allowed the appeal, holding the High Court erred by striking out substantial parts of Dr Reay's defence; the correct course was to require focused re-pleading because the contested matters could be relevant to the court's discretion on relief and to standing and jurisdiction issues; pleadings must be concise and confined to material facts, and amendment rather than strike-out is ordinarily preferred.