New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Weather-tightness claims

Legal area

Court

22 Jul 2013

J E McCONNEL and W K McCONNEL v L J MATTHEWS & Ors [2013] NZHC 1819

Citation

[2013] NZHC 1819
Court

High Court

Delay between filing and service was not inordinate given investigatory steps to separate structural and weather-tightness issues, the delay was excusable, applicants failed to demonstrate sufficient prejudice from post-issue delay (including inability to join or bring cross-claims), and accordingly justice could still be done; dismissal for want of prosecution was not justified.
21 Apr 2009

BODY CORPORATE 27017 AND ANOR V WENSLEY DEVELOPMENTS LIMITED AND ANOR HC INV CIV 2007 425 712

Citation

openlaw-ad3f8214_afc5_4ea8_b763_d0251f75a1d6.pdf
Court

High Court

The applicant failed to discharge the onus to show that transfer to Christchurch would result in greater fairness or convenience. Balancing the convenience of the larger number of parties favouring Christchurch against fairness to local parties and a small defendant, and given unresolved interlocutory matters and that the case was not ready for a firm November trial, the court concluded the balance marginally favoured preserving Invercargill as the trial venue.