New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Re-opening trial

Legal area

Court

18 Dec 2006

ABB LTD & ORS V NZ INSULATORS HC AK CIV-2004-404-4829

Citation

openlaw-df6ef675_fb30_43ec_9e99_7833281f70f2.pdf
Court

High Court

The application to re-open the trial was dismissed; NZI, as unsuccessful applicant, must pay the plaintiffs' costs. The plaintiffs' costs on the interlocutory application are to be assessed on a 3B basis at band B with adjustments: duplicate claims under Item 4.13 disallowed, reply memorandum under Item 4.10 allowed in the circumstances, second counsel allowed, and an uplift under r 48C(3)(a) of two additional days (effectively a 50% increase) is justified. Disbursements for expert witnesses are recoverable in part and should be awarded at two-thirds (66%).
31 Mar 2006

ABB LTD & ORS V NZ INSULATORS HC AK CIV-2004-404-4829

Citation

openlaw-eabe1460_7262_48df_800f_d25d9e613a22.pdf
Court

High Court

Application refused: although the new evidence was fresh and credible, it was not sufficiently cogent to alter the outcome because the MCBs were sold and used as an integrated product with the safety bases, the spacer solution was not available at the relevant time and admitting the evidence would unfairly permit the defendant to recast its case with hindsight and could not resolve inconsistencies with prior evidence; the Court can do justice on the evidence adduced at trial.