23 Jun 2010
TOURISM HOLDINGS LIMITED V THORBURN CONSULTANTS (NZ) LIMITED AND ORS HC AK CIV-2009-404-8051
- Citation
- openlaw-8461d63c_8a5e_4ce4_8aad_29e8c93d99c0.pdf
- Court
- High Court
The Court granted leave for the second defendant to discontinue its cross-claim because, by analogy with the rules governing plaintiffs and pursuant to the Court's power under r 1.6, a cross-claimant is entitled to discontinue its claim absent a good reason shown by an opposing co-defendant; the third defendant failed to demonstrate any legal necessity or prejudice sufficient to prevent discontinuance and no exceptional circumstances (as in Mainzeal) existed.