New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sediment control
  • 11 Oct 2021

    WEAL v PALACE DEVELOPMENTS 2016 LIMITED [2021] NZHC 2709

    Citation
    [2021] NZHC 2709
    Court
    High Court

    The court ordered the plaintiff to amend the statement of claim to provide specific particulars for each pleaded breach that are necessary to inform the defendant what is alleged and to enable preparation: identify precise location and area on plaintiff's land affected, the specific non-compliance with the consultation/Contour Plan, available physical particulars (eg gradients where possible, volumes and area), composition of backfill if alleged unsuitable, proposed remediation method and a detailed breakdown of remediation costs. The court declined to require particulars of how breaches affe…