22 Nov 2013
J MESSENGER and J M MESSENGER v STANAWAY REAL ESTATE LIMITED [2013] NZHC 3096
- Citation
- [2013] NZHC 3096
- Court
- High Court
Joinder was granted because the defendant demonstrated a plausible entitlement to contribution/indemnity connected to the original claim, there exist triable issues of fact and law (including reasonable evidential bases that third parties may have owed duties and breached them), and conflicting expert and factual assertions made dismissal at interlocutory stage inappropriate; interests of justice favoured including the third parties for resolution at trial.