Taspac Oysters Ltd v James Hardie & Co Pty Ltd - [1990] 1 NZLR 442

Practice and procedure — Commercial List — Removal of proceedings from List — Plaintiff sued defendant in negligence as manufacturer of defective material supplied to contractor who sold it to plaintiff — Plaintiff entered proceeding on Commercial List and defendant sought removal — Whether proceeding had sufficient commercial flavour to qualify for entry on List — Whether complexity of issues or difficulties in investigating liability or resolving quantum were grounds for removal from List — Whether proceedings should be removed from List — Judicature Act 1908, s 24B — High Court Rules R 446K.

Practice and procedure — Representative proceedings — Negligence claim — Two oyster farmers on behalf of themselves and seven others claimed damages in negligence against defendant as manufacturer of defective material but did not seek global damages — Defendant alleged strong likelihood of different issues arising with the various claimants — Whether the nine oyster farmers had a common interest in the proceeding — Whether representative proceeding would work injustice to defendant — Whether claims should continue with leave to defendant to apply for further directions — High Court Rules, R 78.