19 Dec 2022
ICL CONSTRUCTION (2016) LIMITED v IAN ROEBUCK CRANE HIRE LIMITED (LEAVE TO APPEAL – REISSUED AFTER RECALL) [2022] NZHC 3440 [19 December 2022]
- Citation
- [2022] NZHC 3440
- Court
- High Court
Leave to appeal was dismissed because ICL failed to identify a seriously arguable question of law of general importance warranting a second appeal; the District Court lawfully exercised its power under r 1.8(2) to exclude evidence inconsistent with ICL's pleaded defence and representations to the Court, exclusion was appropriate in context, interim payment and interest orders were within jurisdiction, and ICL lacked a sufficient bona fide interest given its financial position and prior adverse rulings.