20 Jun 2012
BEATTIE V PREMIER EVENTS GROUP LIMITED COA CA865/2011
- Citation
- COA CA865/2011
- Court
- Court of Appeal
The Court upheld Wylie J: r 6.27 is the primary rule for service out and permits service of the amended statement of claim because Cartan Tours (and initially Sportsmark) were necessary or proper parties with a real issue to try; the amended statement of claim qualified as an originating document; and PEG's delay was not undue because material contractual documents showing the overseas parties' links to New Zealand only became available after discovery, so service out without leave under r 6.27 was rightly permitted.