25 Jul 2019
SPENCER v BRYNER [2019] NZHC 1762
- Citation
- [2019] NZHC 1762
- Court
- High Court
The amended statement of claim did not introduce a new cause of action but merely particularised the original claim; alternatively, if it did introduce a new cause of action it arose after the original pleading and therefore required leave under r 7.77(4); accordingly judgment by formal proof could not be entered in the absence of a statement of defence and the defendant (Farry.Co Law) was granted leave to file an amended statement of defence.