New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Joinder/third party notice

Legal area

Court

2 Oct 2020

PENLEY LTD v ATTORNEY GENERAL [2020] NZHC 2601

Citation

[2020] NZHC 2601
Court

High Court

Leave to join Texco Excavating Ltd was granted under r4.4(1)(a) because the Attorney-General demonstrated a realistic entitlement to contribution from Texco for the same damage alleged by Penley and joinder better serves the interests of justice by avoiding multiplicity, inconsistent findings, facilitating discovery and settlement; delay did not outweigh these considerations. The particular discovery application was partially dismissed and partially adjourned for further, proportionate engagement with specified categories and a timetable for submissions.
1 Sept 2011

BODY CORPORATE 188529 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2004-404-3230

Citation

openlaw-fc07e51d_2869_434d_b494_e6bf0626950f.pdf
Court

High Court

The Court granted the Council leave to inspect and undertake invasive testing of specified units under r 9.34 on strict terms (notice to owners/tenants, limits on testing, restoration costs paid by Council, presence of experts) because the testing was necessary for preparation of the remitted quantum hearing; the Court also granted leave to join Mr Beran as a third party on strict timetabling and service terms to avoid prejudice to the scheduled hearing, with further directions to be made at a chambers conference. Costs reserved.