New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Pleadings sufficiency
  • 29 Jun 2020

    GOODMAN-JONES v HUGHEY [2020] NZHC 1489

    Citation
    [2020] NZHC 1489
    Court
    High Court

    The court held that the amended statement of claim was insufficiently particularised in respect of several pleaded matters and that the defendant was entitled to specific particulars under r 5.26; expert reports do not replace pleading obligations. The plaintiffs were ordered to provide particulars identifying whether the 'project manage' term is express or implied and factual basis for any implied term; how and when the first defendant ordered framing and what details were supplied; detailed particulars for each alleged cladding defect including which parts of Timspec Certclad installation l…