29 Oct 2018
BODY CORPORATE NUMBER 368533 v NAPIER CITY COUNCIL [2018] NZHC 2789
- Citation
- [2018] NZHC 2789
- Court
- High Court
The application for separate determination of the two questions under r 10.15 is declined. The court found both questions would require substantially the same factual and expert evidence as the substantive trial, present real demarcation difficulties, risk duplication and waste of resources, would not materially shorten or end the litigation, and could cause additional procedural prejudice; therefore all matters are to be litigated at the single substantive hearing.