Collis v Hypower Electrical Limited

[2016] NZHC 2652

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-409-000163 [2016] NZHC 2652

BETWEEN

MICHAEL COLLIS and KEITH

CHARLES LANGTON Plaintiffs

AND

HYPOWER ELECTRICAL LIMITED First Defendant

AND

WAYNE MARK HYDES Second Defendant

Hearing:	7 November 2016
Appearances:	G M Brodie and A G M Whalan for the Plaintiffs P J L Hunt and T W Clark for the Defendants
Date of ruling:	7 November 2016

RULING OF NATION J

[1]      For  reasons  which  I  will  give  later,  my  ruling  is  that  I  will  allow  the amendment.

[2]      Having regard to the interests of justice and having considered the briefs of evidence from the defendants to a limited extent, I consider the trial should proceed now.  If it emerges, as a result of the trial, that there is going to be real prejudice to the defendants through not being able to present evidence as to potential causes of the fire independent of any fault in the electrical goods or system that was installed, there may have to be an opportunity for them to make further enquires and to present evidence in relation to that.

[3]      All parties are ready to proceed in presenting evidence as to issues that are going to remain issues in the case.  They were issues that have existed from the time

COLLIS & LANGTON v HYPOWER ELECTRICAL [2016] NZHC 2652 [7 November 2016]

the proceedings were commenced.  I consider it is in the interests of justice, and in fact for both parties, for the trial to proceed but with that reservation as to what may happen later on.

Solicitors:

Geoffrey Brodie, Barrister, Christchurch

Rhodes & Co., Christchurch

McElroys, Auckland.