BROWNSONS HOLDINGS (1999) LTD & ORS V THE PLAZA PAKURANGA LTD & ORS HC AK CIV 2004-404-1113

BROWNSONS HOLDINGS (1999) LTD & ORS V THE PLAZA PAKURANGA LTD & ORS HC AK CIV 2004-404-1113

Sales figures were not ordered as necessary to determine market rent because actual rentals paid (and only one operator had triggered percentage rent) were the primary material for market rent assessment, but sales figures for foodcourt operators offering Middle-Eastern or Asian ethnic food were ordered as...

Source-derived case information.

Citation
openlaw-eda644d3_e5a4_4a61_a4bd_0e9f1ba0e916.pdf
Parties
First Plaintiff: BROWNSONS HOLDINGS (1999) LIMITED; Second Plaintiff: BROWNSONS JEWELLERS ONEHUNGA (1998) LIMITED; Third Plaintiff: MUMBAI MASALA LIMITED; First Defendant: THE PLAZA PAKURANGA LIMITED; Second Defendant: WESTFIELD (NZ) LIMITED; Second Defendant: WESTCITY SHOPPING CENTRE LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 February 2006
Procedural Posture
Civil / Interlocutory Application for Particular Discovery
Outcome
Partial grant of application for particular discovery with confidentiality restrictions
Legal Topics
Discovery, Confidentiality, Market Rent, Lease Exclusivity, Assessment of Damages, Fair Trading Act 1986
Contract Property Civil Procedure Commercial Law Consumer Protection Discovery Confidentiality Market Rent +3 more

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Parties

BROWNSONS HOLDINGS (1999) LIMITED

First Plaintiff

BROWNSONS JEWELLERS ONEHUNGA (1998) LIMITED

Second Plaintiff

MUMBAI MASALA LIMITED

Third Plaintiff

THE PLAZA PAKURANGA LIMITED

First Defendant

WESTFIELD (NZ) LIMITED

Second Defendant

WESTCITY SHOPPING CENTRE LIMITED

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Particular Discovery

Legal Issues

  1. 1 Whether sales figures for all foodcourt operators are discoverable and relevant to determining market rent
  2. 2 Whether sales figures for all foodcourt operators are relevant to assessment of plaintiffs' loss
  3. 3 What constitutes a comparable tenancy for valuation and loss assessment

Ratio Decidendi

Sales figures were not ordered as necessary to determine market rent because actual rentals paid (and only one operator had triggered percentage rent) were the primary material for market rent assessment, but sales figures for foodcourt operators offering Middle-Eastern or Asian ethnic food were ordered as discoverable because they are potentially relevant to assessment of plaintiffs' loss and to trading patterns in the foodcourt, subject to confidentiality protections.

Court Disposition

Partial grant of application for particular discovery with confidentiality restrictions

Orders

  • Defendants to provide further discovery of sales figures for all foodcourt operators offering ethnic food of a Middle-Eastern or Asian nature (excluding identified multi-national branded outlets)
  • Disclosed figures and any information identifying operators to remain confidential and restricted to plaintiffs' counsel and expert witnesses