New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 176(2) property law act 2007
  • 21 Jul 2022

    SMALL (2005) LIMITED v MAHON [2022] NZHC 1762

    Citation
    [2022] NZHC 1762
    Court
    High Court

    Although the plaintiff's non-compliance with the original timetable contributed to the compressed exchange of evidence, the interests of justice required vacating the fixture because the defendant's counterclaim and detailed expert evidence were central to the dispute over a substantial sum (circa $7m) and the plaintiff must be given a fair opportunity to respond to that evidence before a substantive trial.

    • Guarantee
    • Vendor finance
    • Sale of land
    • Duty of care
    • Section 176(2) property law act 2007
    • Adjournment