22 Jul 2015
BODY CORPORATE 325261 v MCDONOUGH [2015] NZHC 1700
- Citation
- [2015] NZHC 1700
- Court
- High Court
The Court declined to order exclusion. The right of parties to attend trial is fundamental and the defendants did not establish good and sufficient reasons to displace that presumption; the plaintiffs' evidence as presented was primarily about distress and routine credibility matters and lay views on technical building and remediation issues were of limited relevance. The appropriate response is to permit attendance while managing potential prejudice by administrative measures rather than exclusion.