20 Oct 2016
CAPITAL + MERCHANT FINANCE LIMITED (IN RECEIVERSHIP AND LIQUIDATION) v PERPETUAL TRUST LIMITED & ANOR [2016] NZHC 2512
- Citation
- [2016] NZHC 2512
- Court
- High Court
The proposed second amended statement of claim did not introduce a fresh cause of action but added new particulars (a further sub‑allegation of negligent failure to procure an independent review) to the existing contractual and tortious claims; applying the 'essentially different' test the amendment did not change the legal basis of the claim, was not time‑barred, and leave to file the amendment and supplementary expert evidence was granted in the interests of justice absent significant prejudice.