16 Mar 2017
Trott v Barnett [2017] NZHC 478
- Citation
- [2017] NZHC 478
- Court
- High Court
Given the live factual issues on the pleadings and probative Incodo reports showing indicators of water ingress and decay, the court found invasive testing necessary to enable proper determination under r 9.34; applicant's undertaking as to damages and willingness to fund testing removed a barrier to ordering testing; court appointed an independent expert nominated by the applicant, limited testing to specifically identified locations derived from the Incodo reports and Probett affidavit, allowed opposing experts to observe only, and ordered that the plaintiff bear testing costs subject to re…