29 Apr 2016
ALEXANDER CRAIG BURNSIDE v ROBERT JAMES BURNSIDE [2016] NZHC 843
- Citation
- [2016] NZHC 843
- Court
- High Court
Application for an early separate hearing was refused because the applicant failed to discharge the heavy onus to show that claim and counterclaim could more fairly or conveniently be tried separately: significant risk of overlapping evidence and issues, limited urgency given available fixture in August 2016, no convincing time or cost savings, and better outcome achieved by hearing claim and counterclaim together; court therefore directed combined hearing and gave pre-trial directions.