28 Apr 2023
WAITAKERE FARMS LTD v MAWHINNEY [2023] NZHC 993
- Citation
- [2023] NZHC 993
- Court
- High Court
The Court set aside the defendants' counterclaim and third party notice against Auckland Council because the relief sought to be obtained from the Council was not related to or connected with the original subject matter of Waitakere Farms Ltd's proceeding and therefore fell outside the scope of rr 4.4 and 5.57; consequently the third party notice was improper. The application to stay or consolidate CIV-1499 and CIV-137 with CIV-36 and the joinder application were dismissed because CIV-36 was unlikely to be heard promptly, private litigants would be unfairly delayed, and there was no sufficien…