9 May 2017
KELLY v PORTFOLIO PROPERTY NZ LTD [2017] NZHC 915
- Citation
- [2017] NZHC 915
- Court
- High Court
The appeal is allowed because the District Court judge should have exercised the discretion in r 18.20 to rehear material parts of the evidence where the transcript was materially incomplete and because prior directions (12 May 2016) contemplated further evidence; accordingly leave to appeal out of time was granted and the matter remitted to the District Court for rehearing in accordance with those directions.