Body Corporate 384825 v Queenstown Lakes District Council

This proceeding involves a claim in tort brought by the body corporate and owners of a hotel complex named Oaks Club in Queenstown, against the Queenstown Lakes District Council (QLDC), project managers, insurers of the structural engineer and the architect. The plaintiffs sought leave to adduce supplementary briefs of evidence from five witnesses, which were served on the other parties on 22 April 2021. QLDC opposed the application, arguing that it would cause significant prejudice and require a trial adjournment. The court was required to balance the need for all relevant evidence to be before the court against the potential prejudice to QLDC. The court found that the supplementary evidence was highly relevant to the defect and quantum issues before the court, and that it was minor when compared to the evidence-in-chief. The court also found that QLDDC could respond within a relatively short timeframe. The court granted leave to adduce the supplementary briefs of evidence, and directed that the trial should commence three weeks later to allow QLDDC sufficient time to respond. The court also directed a further telephone conference to review the previous timetabling directions only insofar as is necessary to deal with the supplementary evidence and the new commencement date for the trial.