8 Jun 2021
HELLABY RESOURCE SERVICES LTD v BODY CORPORATE 197281 [2021] NZHC 1329
- Citation
- [2021] NZHC 1329
- Court
- High Court
The strike out applications were dismissed. The court held the applications had become moot because the plaintiff's original claim was determined by summary judgment, leaving the counterclaim as an independent proceeding; furthermore, on the merits the counterclaims against the engineer and adviser were sufficiently connected to the factual matrix of the remediation works to justify their continuation in the proceeding under the overriding objectives of the High Court Rules.