New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Joinder (r 4.56)

Legal area

Court

13 May 2021

HAINES & ORS v MEMELINK & ANOR [2021] NZHC 1063

Citation

[2021] NZHC 1063
Court

High Court

Applicants awarded costs on a 2B scale with a 50% uplift because respondents issued statutory demands that should not have been issued, failed to withdraw them promptly, filed irrelevant voluminous material late, and thereby caused unnecessary litigation and expense; costs for preparing the costs application were reduced by limiting step 11 to 0.8 days; joinder of Ms Forester was declined as there was no evidence she was a trustee at the relevant time.
20 Jun 2012

BEATTIE V PREMIER EVENTS GROUP LIMITED COA CA865/2011

Citation

COA CA865/2011
Court

Court of Appeal

The Court upheld Wylie J: r 6.27 is the primary rule for service out and permits service of the amended statement of claim because Cartan Tours (and initially Sportsmark) were necessary or proper parties with a real issue to try; the amended statement of claim qualified as an originating document; and PEG's delay was not undue because material contractual documents showing the overseas parties' links to New Zealand only became available after discovery, so service out without leave under r 6.27 was rightly permitted.