17 May 2016
MARANATHAN CHARITABLE TRUST v CAWTHRAY MOTORS LIMITED [2016] NZHC 1069
- Citation
- [2016] NZHC 1069
- Court
- High Court
Leave to recall the plaintiff's witness was granted under s98 because the omission was a solicitor drafting error, the proposed evidence concerned contemporaneous 2013 discussions/documents already in the bundle, any unfairness could be remedied by assessing reliability and weight, potential recall of other witnesses or an adjournment and by awarding costs; the recall is strictly limited to 2013 discussions and correspondence and costs were awarded to defendants.