Judicature (High Court Rules) Amendment Act 2008 No 90, Public Act

1.9 Amendment of defects and errors
  • (1) The court may, before, at, or after the trial of any proceeding, amend any defects and errors in the pleadings or procedure in the proceeding, whether or not there is anything in writing to amend, and whether or not the defect or error is that of the party (if any) applying to amend.

    (2) The court may, at any stage of a proceeding, make, either on its own initiative or on the application of a party to the proceedings, any amendments to any pleading or the procedure in the proceeding that are necessary for determining the real controversy between the parties.

    (3) All amendments under subclause (1) or (2) may be made with or without costs and on any terms the court thinks just.

    (4) This rule is subject to rule 7.18 (no steps after the setting down date without leave).

    Compare: 1908 No 89 Schedule 2 r 11