CAMPBELL AND ANOR V ERSKINE AND ORS HC WN CIV 2007-485-2256

CAMPBELL AND ANOR V ERSKINE AND ORS HC WN CIV 2007-485-2256

The court ordered that both plaintiffs and defendants must individually number emails not covered by r298(3)(b) and file fresh affidavits of documents within 20 working days; defendants must file an amended affidavit itemising all documents relevant to the parties' dispute including specified financial and transactional categories; documents relating to the sale of Vivid Outdoors to I-Site must be made available for inspection within 20 working days subject to protective conditions limiting access to plaintiffs' legal advisers and requiring an undertaking from the plaintiff; costs awarded to plaintiffs.

Citation
openlaw-0b26310d_b590_4963_9578_ca9734a2ab7f.pdf
Parties
First Plaintiff: Darren Campbell; Second Plaintiff: Hanging Around Limited; First Defendant: Craig John Erskine; Second Defendant: Lorraine Mary Witten; Third Defendant: Vivid Outdoors Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 March 2008
Procedural Posture
Civil / Discovery Application in High Court (pre Trial)
Outcome
Application granted (plaintiffs' application succeeded in part and orders made as to discovery and inspection); costs awarded to plaintiffs
Legal Topics
Affidavit of Documents, Inspection of Documents, Confidentiality Orders, Orders for Discovery, Costs
Civil Procedure Discovery Contract Company Law Commercial Law Confidentiality Affidavit of Documents Inspection of Documents +3 more

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Parties

Darren Campbell

First Plaintiff

Hanging Around Limited

Second Plaintiff

Craig John Erskine

First Defendant

Lorraine Mary Witten

Second Defendant

Vivid Outdoors Limited

Third Defendant

Procedural Posture

Civil / Discovery Application in High Court (pre Trial)

Legal Issues

  1. 1 Whether the defendants' affidavit of documents complied with the High Court Rules
  2. 2 Whether emails and other documents must be individually numbered rather than grouped
  3. 3 Whether the financial and transactional documents of Vivid Outdoors are relevant and discoverable

Ratio Decidendi

The court ordered that both plaintiffs and defendants must individually number emails not covered by r298(3)(b) and file fresh affidavits of documents within 20 working days; defendants must file an amended affidavit itemising all documents relevant to the parties' dispute including specified financial and transactional categories; documents relating to the sale of Vivid Outdoors to I-Site must be made available for inspection within 20 working days subject to protective conditions limiting access to plaintiffs' legal advisers and requiring an undertaking from the plaintiff; costs awarded to plaintiffs.

Court Disposition

Application granted (plaintiffs' application succeeded in part and orders made as to discovery and inspection); costs awarded to plaintiffs

Orders

  • Both plaintiffs and defendants must individually number each email listed in their affidavits of documents that are not covered by High Court Rules r298(3)(b) and file fresh affidavits of documents complying with that requirement within 20 working days of the judgment date
  • First, second and third defendants must swear, file and serve an amended affidavit of documents within 20 working days itemising and describing all documents in their possession relating to matters at issue including all documents falling within the categories specified at paragraph [21] of the judgment (financial...