20 Oct 2022
MURPHYS PARK DEVELOPMENT LP v GREEN CITY DEVELOPMENTS LP [2022] NZHC 2727 _x000b_
- Citation
- [2022] NZHC 2727
- Court
- High Court
Where a defendant alleges a plaintiff failed to use 'all reasonable commercial endeavours' the allegation must be particularised with the positive ways in which the plaintiff is said to have failed so as to give fair notice; a mere negative denial does not alone excuse particulars where the particulars can reasonably be provided from existing knowledge and discovery and are not unduly burdensome.