Thornton Hall Manufacturing Ltd v Shanton Apparel Ltd - [1989] 1 NZLR 234

Practice and procedure — Pleadings — Statement of claim — Amendment to add an alternative remedy — Election between alternative forms of relief — Plaintiff in action for breach of copyright sought an account of profits — Before trial, plaintiff applied to file an amended statement of claim seeking also damages for conversion — Whether the remedies were alternative — Whether original failure to plead alternative remedy amounted to an election not to pursue it — Whether doctrine of election in respect of remedies could arise prior to judgment — Whether doctrine of election required detriment to other party — Whether amendment was unfair or unjust — Whether application to amend should be granted — Copyright Act 1962, ss 24 and 25 - High Court Rules, R 187.