1 Jun 2016
BURDEN v ESR GROUP & ORS [2016] NZHC 1537
- Citation
- [2016] NZHC 1537
- Court
- High Court
Leave to amend was refused because the proposed commissioning defence was a new and distinct defence raised too late (only advanced in closing), the evidence supporting it was contradictory and underdeveloped, allowing it would cause significant prejudice and delay to the plaintiffs (necessitating re-opening of trial and recall of overseas witnesses), and choice of law and evidential issues meant the defence was weak and could not be resolved fairly at that stage.