12 Sept 2014
KAYE v NORRIS WARD MCKINNON [2014] NZHC 2215
- Citation
- [2014] NZHC 2215
- Court
- High Court
Leave to amend was granted under r1.9 because the alleged accord and satisfaction arose during the trial, the defence would be determinative if proved and both plaintiffs were involved and available to give evidence, so no prejudice would result. The application to determine the affirmative defence as a separate question was refused because the judge was not satisfied the issue would be resolved speedily or that splitting the proceeding would in practice save time or expense given the matter was part heard and complexity as to who participated in communications.