New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Separate trials on liability and quantum

Legal area

Court

22 Jun 2007

NATIONWIDE BUILDING CERTIFIERS LTD V HEY & ORS HC AK CIV-2006-404-001037

Citation

openlaw-78a9850d_6ab2_41f1_a043_713f67dbf2a7.pdf
Court

High Court

The appellants, having succeeded on appeal, are entitled to costs because the respondents' hardships and public interest arguments did not constitute the special circumstances required under r48D(f) to displace the ordinary rule; accordingly costs are awarded to the appellants on a category 2 band B basis with disbursements to be fixed by the Registrar and no certificate for second counsel.
5 Oct 2006

NATIONWIDE BUILDING CERTIFIERS LIMITED V HAMISH HEY AND LEISA HEY-SMALL AND ORS HC AK CIV 2006-404-001037

Citation

openlaw-fd47fe9b_8e41_4073_bbc3_c64eb191eeab.pdf
Court

High Court

The High Court allowed the appeal in relation to the orders for separate trials and refusal of leave to issue third party notices, quashed the District Court orders for separate trials and granted leave to the appellants to issue third party notices, concluding that separate trials were not justified and that joinder should be permitted to promote efficient resolution and avoid delay; costs on these issues were reserved.