New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Substitution of parties (r 4.52)

Legal area

Court

16 Aug 2011

GREAT NORTHERN LAND COMPANY LTD V DAJI HC AK CIV-2009-404-8510

Citation

openlaw-90897732_6199_42fe_8441_69218aa93477.pdf
Court

High Court

GNLC was properly substituted as plaintiff under r 4.52 because it is now the legal owner and assignee of the vendor's contractual rights; Andrew Edwards' affidavit is admissible to establish the factual basis for substitution and to address the defendants' argument that clause 9.4 cancels the contracts; objections based on non-disclosure and potential liquidator challenges do not prevent substitution or admission of the evidence; costs of the applications to lie where they fall.
31 Mar 2011

REDHILL DEVELOPMENT (NZ) LIMITED V SK BROTHERS BUILDERS & DEVELOPERS LIMITED HC AK CIV2008-404-6510

Citation

openlaw-ef0535bd_7059_4f87_82f2_fcaabed42d11.pdf
Court

High Court

The Court allowed substitution of Sonsram as plaintiff under r 4.52 but imposed conditions to prevent injustice: immediate payment of specified prior costs ($13,195.18 and scale costs awarded on 4 June 2010) and provision of $40,000 cash or equivalent security to the Registrar; the proceeding is stayed until those conditions are met; costs on the substitution application lie where they fall, and the defendant is awarded costs on the security application on a 2B basis plus disbursements.