Cegami Investments Ltd v Amp Financial Corporation (NZ) Ltd - [1990] 2 NZLR 308

Practice and procedure — Summary judgment — Amendment to proceedings — Plaintiff commenced proceedings seeking enforcement of contract — When defendant purported to cancel contract plaintiff amended proceedings to seek damages for breach — Whether such amendments were permitted in summary judgment proceedings.

Contract — Enforcement of contract — Underwriting contract — Defences — Negligence or breach of fiduciary duty — Two major commercial organisations dealing at arm's length entered into sub-underwriting contract — Underwriter sought to enforce contract but sub-underwriter claimed negligence and breach of fiduciary duty — Whether there was evidence to support suggested defences based on negligence or breach of fiduciary duty — Whether contract should be enforced.