27 Jun 2022
LEPIONKA & COMPANY INVESTMENTS LIMITED v GIBSON SHEAT [2022] NZHC 1488
- Citation
- [2022] NZHC 1488
- Court
- High Court
The court held the counterclaim raises narrow, objectively determinable issues about whether a full and final settlement (or waiver of requirement for a deed) occurred on 29 February 2016; the risk of overlap, issue estoppel and conflicting findings was low and the balance of convenience favoured a separate trial of the counterclaim in advance of the substantive claim, so the application for a split trial was granted.