25 Jun 2014
BLUESKIN BAY FOREST HEIGHTS LIMITED V PATERSON PITTS PARTNERS LIMITED CA620/2012 [2014] NZCA 268
- Citation
- [2014] NZCA 268
- Court
- Court of Appeal
Leave to amend and to adduce further evidence was refused because the proposed amended pleading advanced a different cause of action (an ongoing duty to notify urgency) that could and should have been run at trial, is effectively statute‑barred, and allowing it would prejudice the respondent by requiring fresh evidence and effectively a new trial; an appeal is not the forum for a second bite at the cherry.