Pipitea Mews Body Corporate 81720 v Archaus Architects Limited HC Wellington CIV 2006-485-472

[2007] NZHC 1566

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2006-485-472

BETWEEN  PIPITEA MEWS BODY CORPORATE

81720

Plaintiff

AND  ARCHAUS ARCHITECTS LIMITED First Defendant

AND  WELLINGTON CITY COUNCIL Second Defendant

Judgment:      23 January 2007

In accordance with r540(4) I direct the Registrar to endorse this judgment with a delivery time of 3.30pm on the 23rd day of January 2007.

DECISION OF ASSOCIATE JUDGE D.I. GENDALL

[1]      On 21 December 2006 the first defendant filed an application for leave to join the following parties as third parties to this proceeding:

-         Connell Wagner Limited

-         Warren David Voss

-         GRW Consultants Limited trading as First Windows and Doors

-         A C Brockelsby & Co Limited

-         Kapiti Coatings Limited

-         Premier Roofing Wellington Limited

-         McCormack Asphalts Limited

-         Norman Wayne Antcliff,  formerly  trading  as  Antcliff  Landscape

Architecture

-         Hans UlrichGlauser electrician

PIPITEA MEWS BODY CORPORATE 81720 V ARCHAUS ARCHITECTS LIMITED AND ANOR HC WN CIV-2006-485-472  23 January 2007

[2]      Subsequently, on 15 January 2007 a memorandum of counsel in support of this application to join the third parties was filed, signed by counsel for the first defendant, for the plaintiff and for the second defendant.

[3]      It is noted that the first defendant would have been able to issue the third party notices as of right without obtaining the leave of the Court if this had been done  within  14  days  after  the  expiration  of  the  time  for  filing  a  Statement  of Defence.

[4]      It appears, however, that that 14 day period has expired and hence the first defendant is required to obtain the leave of the Court.

[5]      The application for leave to join the third parties is effectively consented to by the plaintiff and the second defendant.

[6]      Having considered this and all the material before the Court for the purposes of this application, I am of the view that it is appropriate for the orders sought here to be made.

[7]      Orders  are  now  made  granting  leave  to  the  first  defendant  to  join  the following parties as third parties to this proceeding:

-         Connell Wagner Limited

-         Warren David Voss

-         GRW Consultants Limited trading as First Windows and Doors

-         A C Brockelsby & Co Limited

-         Kapiti Coatings Limited

-         Premier Roofing Wellington Limited

-         McCormack Asphalts Limited

-         Norman Wayne Antcliff,  formerly  trading  as  Antcliff  Landscape

Architecture

-         Hans UlrichGlauser electrician

[8]      Costs with respect to this application are reserved.

Associate Judge D.I. Gendall

Solicitors:

Stephen Brown, Solicitor, Wellington for Plaintiff

Rainey Collins, Wellington for First Defendant
Heaney & Co, Auckland for Second Defendant