30 Sept 2015
PRECAST NZ LIMITED v ANYSTEP LIMITED [2015] NZHC 2375
- Citation
- [2015] NZHC 2375
- Court
- High Court
There is no jurisdictional bar to Anystep joining Paul Cane by third party notice under r 4.4(1)(c); r 5.57 did not compel joinder as an additional counterclaim defendant because the remedy sought against Cane (damages for breach of fiduciary duty/loss of opportunity) is distinct from the relief in the counterclaim against Precast; Anystep has sufficient evidential basis (including newly located email) to raise a real question of fact concerning Cane's conduct and loss, delay is explicable and not prejudicial at the interlocutory stage, and the interests of justice and avoidance of duplicativ…