20 Apr 2015
Body Corporate 325261 v McDonough [2015] NZHC 764
- Citation
- [2015] NZHC 764
- Court
- High Court
Applications to determine preliminary questions were denied because the proposed questions were hypothetical, intertwined with factual disputes (including whether the building is earthquake-prone) and would not materially expedite resolution; strike-out applications were refused because plaintiffs' pleadings were not plainly untenable, defects alleged were treated as particulars rather than new causes of action and limitation defences required full factual analysis at trial; court ordered plaintiffs to provide specified further particulars (paras 40, 50, 51) and deferred ordering answers to i…