Spark New Zealand Trading Ltd v Bryan - [2025] 2 NZLR 534

Appeal — Further evidence — Amend grounds — New defence — Desirable to admit — Avoid delay — No prejudice.

Res judicata — Estoppel — Privy — Union or nexus — Mutuality of interest — Fair and just — Considering purpose and effect — Caution where company and director — Shareholder or director can be privy — Consider facts — Interest of justify favour estoppel — Causes of action not different — Identify of payer not an element — Same conduct relied on — Cause of action estoppel and issue estoppel — Arbitration cost — Arguably different legal and factual.

Summary Judgment — Certificate of Conviction — Conclusive evidence of elements of offence — No exceptional circumstances — Also established elements of cause of action — Evidence Act 2006 s 47.

Limitation — Money claim — Primary limitation period — 6 years — Some payments outside that period — Late knowledge date — When knew or ought to reasonably have known payments not for genuine services — Knowledge when commenced arbitration — Arguably outside the additional three years — Limitation Act 2010 ss 11, 12 and 14.