[2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]
...defendant, Mr Sharp, raised a procedural issue. The issue revolved around an affirmative defence contained within the defendant’s statement of defence to the plaintiff’s statement of claim. Mr Sharp pointed out that the plaintiff had not filed a reply and argued that the consequence of this was that the plaintiff must be taken as having admitted the defendant’s allegations. [3] When Mr Sharp advanced the argument, Ms Stewart (counsel for the plaintiff) immediately raised an...