24 Oct 2018
ABOUT IMAGE LIMITED v ADVARO LIMITED [2018] NZHC 2749
- Citation
- [2018] NZHC 2749
- Court
- High Court
Reference in opening to a signed brief does not convert that brief into evidence or obligate the party to call the signatory as a witness; HCR 9.13(2) permits cross-examination only when the signatory has given evidence or the Judge directs otherwise. The plaintiffs' application to compel the defendant to call Mr McNae and to reopen their case was refused because they failed to adequately explain the omission, the evidence would not justify reopening given the objective nature of contract construction and case‑management principles, and calling Mr McNae would make him their witness rather tha…