Bremworth Limited (formerly Cavalier Corporation Limited) v Pebblemill Limited

[2022] NZHC 2342

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-409-604

[2022] NZHC 2342

BETWEEN

BREMWORTH LIMITED (FORMERLY CAVALIER CORPORATION LIMITED)

Plaintiff

AND

PEBBLEMILL LIMITED

Defendant

AND

EDWARD CHARLTON RADFORD

Second Defendant

Hearing:

13 September 2022

Appearances:

J Edwards and Y Dong for Plaintiff

G C Williams, T D Mahood for Defendants

Judgment:

13 September 2022

ORAL RESULTS JUDGMENT OF DUNNINGHAM J

[1]    I grant the application to join Radford Yarn Technologies as an additional plaintiff in the first and second cause of action on the following terms:

(a)the plaintiff is to file and serve an amended statement of claim by 5 pm today;

(b)the defendants are to provide a statement of defence by 5 pm Wednesday, but can seek leave to defer that should any unexpected issues arise;

BREMWORTH LIMITED (FORMERLY CAVALIER CORPORATION LIMITED) v PEBBLEMILL LIMITED [2022] NZHC 2342 [13 September 2022]

(c)the plaintiff is also to before closing submissions, provide an affidavit confirming that Radford Yarn Technologies has discovered all relevant documents; and

(d)the plaintiff is to pay the defendants 2B costs in respect of this application.

[2]    I will reserve leave to the defendants, should they require further time to make submissions on the additional plaintiff, to file such submissions after the closing submissions. The terms of that can be discussed if the need arises.

[3]    I will provide my written reasons for granting the plaintiff’s application before closing submissions are presented on Thursday and Friday.

Solicitors:

Russell McVeagh, Auckland Hudson Gavin Martin, Auckland