6 Oct 2023
AOTEAROA FORESTS LTD v LAND HAUL CONTRACTORS LTD [2023] NZHC 2803
- Citation
- [2023] NZHC 2803
- Court
- High Court
The Court recalled its earlier judgment and exercised its discretion to extend the period for compliance with the statutory demand (by 15 working days to 30 October 2023) because the failure to seek an extension at the hearing constituted an oversight amounting to a failure to refer a relevant legislative provision, permitting recall; on costs, a realistic appraisal of the outcome showed Land Haul had not fully succeeded given the unresolved ADR clause and a reasonably arguable counterclaim, so costs were ordered to lie where they fall.