24 Apr 2008
MARK & ORS AND ORS V THE ATTORNEY-GENERAL ON BEHALF OF HER MAJESTY THE QUEEN AND ORS HC WN CIV-2002-485-799
- Citation
- openlaw-e387161e_e77c_4b7b_9ba5_8c921dfc2bdc.pdf
- Court
- High Court
Leave to file and serve the amended consolidated statement of claim was granted because the amendment was necessary to bring the real controversy before the Court and do justice between the parties; the 26 May 2008 fixture was vacated because the amended pleading materially widened the issues (including new claims to land within the 100m corridor and nine alternative surplus dates), created substantial discovery deficiencies and realistic witness preparation requirements that made trial on the scheduled date impossible; accordingly adjournment in the interests of justice was required.