1 Nov 2019
ASH v SINGH [2019] NZHC 2878
- Citation
- [2019] NZHC 2878
- Court
- High Court
Application dismissed because the balance of convenience favoured refusing a separate priority trial: a decision on the first cause of action was unlikely to finally resolve the litigation (the third cause of action alleging unauthorised loans would survive), a preliminary hearing risked derailing the scheduled 2021 trials because appeals were likely and unlikely to be resolved in time, credibility issues were better assessed by a single judge hearing all evidence, and the plaintiff would be prejudiced by needing to attend multiple hearings.