10 Dec 2014
LA FAMIA NO 1 LIMITED (in liquidation) v GAN [2014] NZHC 3158
- Citation
- [2014] NZHC 3158
- Court
- High Court
The application to substitute the plaintiff was dismissed because the assignment instrument was ambiguous as to the party effecting the assignment, the liquidator's conduct in agreeing the assignment for $5,000 raised serious questions about adequacy of evaluation and potential trafficking in the cause of action, and substitution would likely produce undue delay and prejudice to defendants (notably costs and security issues); therefore it was not necessary or desirable to make a new parties order under r 4.52.