New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Misnomer vs misidentification

Legal area

Court

28 Nov 2022

SILVER FERN FARMS LTD v A.P. MØLLER MAERSK [2022] NZHC 3120

Citation

[2022] NZHC 3120
Court

High Court

The Court found the pleadings objectively identified the contracting carrier and the misdescription was a misnomer; accordingly amendment of the defendant's name to Maersk A/S was permitted under r 1.9 and relation back applies for pleading correction purposes; the court declined to treat the Hague‑Visby Rules one‑year bar as automatically defeating amendment at the joinder stage and permitted amendment subject to the defendant retaining any limitation defence at trial; close of pleadings was extended to 19 December 2022.
16 Feb 2010

TE WHARUA LIMITED V BUDDLE FINDLAY HC AK CIV-2007-404-006193

Citation

openlaw-60180b97_e03a_483b_b4da_93f1f1f4f9cb.pdf
Court

High Court

An amendment clarifying that the existing plaintiff sued in a different trustee capacity does not necessarily substitute a different party or raise a new cause of action; where the substantive duties alleged against the defendant remain the same, correcting the pleaded representative capacity is an amendment of particulars rather than the bringing of a fresh cause of action, and the defendant's limitation defences are not automatically defeated; accordingly the defendant's applications for leave to apply for summary judgment and to strike out are dismissed.