New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Limitation/discoverability

Legal area

Court

7 May 2019

WESTPAC NEW ZEALAND LIMITED v ANDERSON [2019] NZHC 979

Citation

[2019] NZHC 979
Court

High Court

There is no issue estoppel because there was no final determination between the same parties or their privies on the same pleaded issues; the criminal discharges did not decide the determinative elements of Westpac's civil causes of action; and Westpac's compensatory civil claim does not constitute an abuse of process or collateral attack on the criminal proceedings, so Westpac is not precluded from proceeding.
29 Aug 2008

BODY CORPORATE 170812 AND ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2003-404-007259

Citation

openlaw-b7df44d7_876b_43be_86fd_d8c8ecd8aba5.pdf
Court

High Court

The Court held that the existing pleadings were broadly adequate but required amendment to expressly plead the Body Corporate's basis to incur and levy for repair costs (identify specific rules and resolutions relied upon) and to provide general particulars of the structural damage caused by exterior cladding defects; dates of notice/discovery are not required elements of the cause of action and are matters for evidence/interrogatories; defendants may obtain further factual detail by interrogatories and expert processes.