New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Separate trials (liability and quantum)

Legal area

Court

22 Aug 2017

ADVANCE APIARIES LIMITED v WAIPUNGA STATION LIMITED [2017] NZHC 2009

Citation

[2017] NZHC 2009
Court

High Court

Split trial application refused because there is likely material overlap between liability and quantum (production, quality, prices, future fees and track costs relevant to both liability and damage assessment), the proposed multi‑year deferral of quantum is not justified given the Rules' objective of a just, speedy and inexpensive resolution, and the doctrine of efficient breach relates to remedy/quantum rather than negating liability.
23 May 2016

R LEE AND H HEARD v G LEE AND J L LEE [2016] NZHC 1073

Citation

[2016] NZHC 1073
Court

High Court

The court ordered limited particular discovery of HDP financial statements for 1998–2000, 2001 and 2002 as relevant to the 1997 and 2000 deeds, refused discovery for 2003–2016 as relating to quantum not liability (but left open reconsideration if plaintiffs succeed on liability), declined to authorize R Lee to represent the second plaintiff given the case complexity and the general rule against non-lawyer representation, ordered separate trials (liability first, quantum second), directed tailored discovery to be provided, and ordered security for costs by registration of a second mortgage ove…