New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trial staging

  • 18 Mar 2019

    PAINE v CARTER HOLT HARVEY LTD [2019] NZHC 478

    Citation
    [2019] NZHC 478
    Court
    High Court

    The Court refused most of the defendant's requests for extensive particulars (including contractual supply-chain particulars, line-by-line reliance on promotional material, and detailed per-property defect and damage particulars), holding the pleadings sufficiently identified the central product defect case and relevant standards (notably Building Code clauses E2 and B2) and that proportionality, statutory context (CGA) and case-management/trial-staging justified limiting particulars; granted limited particulars only for building consent and code compliance certificate dates insofar as reason…

  • 15 Nov 2018

    The Minister of Education v James Hardie New Zealand [2018] NZHC 2960

    Citation
    [2018] NZHC 2960
    Court
    High Court

    The Court awarded the Ministry scale costs for its successful interlocutory applications: for the separate question and Carter Holt's trial staging application costs on a Category 3B basis except that preparation of legal submissions was awarded on Category 3C. The Ministry's strike-out application succeeded and was awarded scale 3B costs uplifted 20% (to reflect maintenance of a long-stop defence) but indemnity costs were refused because the conduct did not meet the high threshold for indemnity. The recall application did not attract indemnity costs but the Ministry was awarded 3B costs upli…