New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Retrospective joinder/backdating
  • 23 Oct 2020

    BIL v PRICEWATERHOUSE [2020] NZHC 2773

    Citation
    [2020] NZHC 2773
    Court
    High Court

    The court exercised its discretion under High Court Rules r4.2 and r4.56 to order that Brierley Holdings Limited be joined as a plaintiff because the statutory criteria for joinder were satisfied and its presence was necessary to resolve all matters in dispute; however, the court refused to backdate the joinder because the usual rule is that joinder takes effect from the date of the order, the plaintiffs failed to provide sufficient information on limitation implications, and the defendant expressly opposed retrospective effect.