21 Aug 2020
HELLABY RESOURCE SERVICES LTD v BODY CORPORATE 197281 [2020] NZHC 2131
- Citation
- [2020] NZHC 2131
- Court
- High Court
TBS was granted leave under r 12.4(2AA) because special circumstances existed: TBS is the original contracting party who only became involved after the assignment to Hellaby was held ineffective, delay was adequately explained, and s 79 of the CCA prevents the Body Corporate's as-yet-unfiled counterclaim from defeating recovery proceedings; consequently TBS may apply for summary judgment and the application was listed for hearing.