23 May 2023
REMEDIATION (NZ) LTD v ENVIRO (NZ) LTD [2023] NZHC 1218
- Citation
- [2023] NZHC 1218
- Court
- High Court
The Court exercised its discretion in the interests of justice to permit recall of the witness and filing of the supplementary brief, received de bene esse, because the evidential gap was an oversight by the plaintiff's advisers, the prejudice to the plaintiff of excluding the evidence outweighed the prejudice to the defendants, and any prejudice to defendants could be mitigated by an adjournment and directions for further discovery and expert conferencing.