11 Jun 2021
ALARON PRODUCTS LIMITED v HIBISCUS SOLUTIONS LIMITED [2021] NZHC 1416
- Citation
- [2021] NZHC 1416
- Court
- High Court
The application for a separate hearing under r 10.15 was dismissed because the applicant failed to displace the presumption of resolving all issues at trial: the proposed preliminary hearing risked producing muddied or partial findings, timing constraints (including judgment time and the close of pleadings) and appeal complications outweighed the potential benefits, and maintaining the scheduled fixture better promoted finality and settlement.