9 Apr 2021
LIVINGSTONE v CBL CORPORATION LTD [2021] NZHC 755
- Citation
- [2021] NZHC 755
- Court
- High Court
The fourth cause of action was not struck out because the Court must accept the amended pleadings as true for strike-out purposes and the defendant's affidavit evidence (that underwriters are overseas) was not indisputable and conflicted with pleaded allegations and affidavit material suggesting a New Zealand presence. Because the insurers/underwriters have a direct interest and jurisdictional issues as to the situs of the debt must be adjudicated with them before the Court can grant the s9 declaration, the underwriters must be joined or the plaintiff must apply for leave to sue them under s9…