28 Feb 2023
CARSON v LEE & ORS [2023] NZHC 323
- Citation
- [2023] NZHC 323
- Court
- High Court
Farry Law Limited was improperly joined and was struck out because it merely held the sale proceeds subject to comprehensive undertakings to pay in accordance with a joint direction or court order; the court's inherent supervisory jurisdiction and statutory/regulatory regime enable enforcement of solicitors' undertakings without making the firm a party; Farry Law was not 'materially interested' such that its presence was necessary to safely execute orders and its inclusion would prejudice the first defendants' choice of counsel and increase costs and delay contrary to the Rules' objectives.