3 Feb 2016
WHITFORD PROPERTIES LIMITED v ROBERT IAN BRUCE [2016] NZHC 58
- Citation
- [2016] NZHC 58
- Court
- High Court
The application to join Wayne Ramon Allen was declined because the proposed claim against Allen did not fall within any limb of r 4.4: no pleaded basis for contribution or indemnity under r 4.4(1)(a); the remedy sought against Allen (contractual damages for an abortive joint venture and forfeited deposit) is not substantially the same as the plaintiff's equitable remedy to recover surplus sale proceeds under s 185, so r 4.4(1)(b) fails; the issues between defendant and proposed third party are not sufficiently connected or substantially the same as those between plaintiff and defendant for r…