D Ltd v O Ltd [2024] NZDT 321 (18 April 2024) [pdf, 109 KB]
...raised this defence and provided documents in support of this position on 10 April 2024 and the applicant has not been given an opportunity to provide documents of its own defending the respondent’s claim. I do not consider it in the interests of justice to further delay this matter to allow the respondent to file a counterclaim or to give the applicant time to defend this new cause of action now raised by the respondent. [14] On that basis, and given the respondent admits the amount i...