New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Strike-out/summary judgment

Legal area

Court

27 Aug 2021

PACIFIC PEARL ACCOMMODATION LIMITED v KENING ZHOU and NAIYUAN SANG [2021] NZHC 2187

Citation

[2021] NZHC 2187
Court

High Court

The strike-out application against the first cause of action was dismissed because the claim raised triable issues of fact and novel legal questions (including causation and loss of chance) that could not be resolved on affidavits; however the pleading lacked sufficient particulars and must be amended. Further discovery was ordered limited to solicitor file notes, documents in joint control with Norfolk Pine, and documents evidencing mitigation, with preservation of privilege where applicable.
5 Oct 2007

R T PHILLIPS AND ANOR V L PETROU AND ORS HC AK CIV 2007-404-001771

Citation

openlaw-e58f8dc8_5b01_4f4d_ac1e_d39a9c37d3f1.pdf
Court

High Court

Transfer was declined and adjourned because defendants have at least an arguable limitation/strike‑out case and would suffer procedural prejudice (loss of established strike‑out procedure, potential inability to strike out parts only, limited costs recovery in Tribunal, and need for interrogatories), there was no clear time advantage in transfer, and plaintiffs elected the High Court; fairness requires strike‑out/summary judgment and interrogatories be determined first.