5 Nov 2018
CAPITAL & COAST DISTRICT HEALTH BOARD v BECA CARTER HOLLINGS & FERNER LTD [2018] NZHC 2862
- Citation
- [2018] NZHC 2862
- Court
- High Court
The Court found Capital & Coast's pleaded factual allegations disclosed a tenable cause of action against Mico under the Consumer Guarantees Act such that Mico's presence was necessary to adjudicate the issues; potential limitation defences and disputed questions whether the plaintiff is a consumer or whether the pipes are goods are matters for trial, not for defeat of joinder. Accordingly joinder was granted but not backdated.