14 May 2014
COCHRANE and OTHERS v TOTARA PROPERTIES WHANGAREI LIMITED [2014] NZHC 1006
- Citation
- [2014] NZHC 1006
- Court
- High Court
The court refused leave to join Mr Swanepoel and refused the adjournment because the balance of justice favoured maintaining the fixed substantive hearing: plaintiffs would suffer prejudice, delay would be substantial (likely up to 12 months), added costs and uncertainty would follow, and defendants can litigate any claims against the solicitor in separate proceedings after liability to plaintiffs is determined; the High Court Rules discretionary factors (including delay to plaintiff and efficient conduct of litigation) therefore weighed against joinder and adjournment.