26 May 2011
LLOYD & ORS V WAIKATO DISTRICT COUNCIL HC HAM CIV-2009-419-0008
- Citation
- openlaw-a12673e4_b404_4ed4_9607_0c1acf96bb11.pdf
- Court
- High Court
The application to strike out was dismissed because the amended pleading would amount to a misdescription rather than a mere misnomer, would introduce materially different causes of action by converting trust/owner claims into personal lessee claims, and would defeat the defendants' Limitation Act 1950 defence; r 4.56 cannot be used to effect that substitution.