6 Jul 2021
WAIKORO LTD v BEACH ARENA LTD [2021] NZHC 1673
- Citation
- [2021] NZHC 1673
- Court
- High Court
Waikoro's claim was not an abuse of process because the Waimauri and Waikoro proceedings involve different plaintiffs, defendants, contracts and causes of action and consolidation had been refused; however BAL's pleaded variation/estoppel case and related allegations that were decided against BAL and Mr Mahon by Muir J (and identical to matters previously litigated) were struck out on cause/issue estoppel and abuse of process grounds; several elements of BAL's counterclaims were time barred under the Limitation Act; security for costs was refused because remaining counterclaims were connected…