3 Apr 2020
HERMANN v MARTIN [2020] NZHC 688
- Citation
- [2020] NZHC 688
- Court
- High Court
The Tribunal erred in refusing joinder of Fletcher (Firth) and Nagel because it improperly resolved factual conflicts and engaged in speculation at the joinder stage; the correct legal test is whether there is tenable evidence of breach and a causative link to the claimant's loss, and on the evidence before the Court there was tenable evidence sufficient to warrant joinder of both Firth and Nagel.