2 Dec 2013
DISTRIBUTION CONTROL LIMITED v ASB BANK LIMITED [2013] NZHC 3168
- Citation
- [2013] NZHC 3168
- Court
- High Court
The Court found the pleadings, while scattered, contained sufficient particulars to permit the claims to proceed to trial; ASB had conducted reasonable searches and no further discovery was ordered; limitation and liability issues (including whether s 28 or equitable fraud exceptions apply) required full trial fact-finding and could not be resolved on strike-out or particulars applications; accordingly all of ASB's applications failed and the matter is to proceed to trial with costs to lie where they fall.