PICKARD AND ANOR V AMBROSE AND ANOR HC WN CIV 2003-091-143

PICKARD AND ANOR V AMBROSE AND ANOR HC WN CIV 2003-091-143

The Court held that (1) discovery orders could be made by consent and timetabled; (2) further particulars under r185 were required in part: particulars relating to plaintiffs' ongoing neuropsychological effects and particulars and particulars of past and future lost earnings and the basis for calculation must be furnished within a fixed time, while particulars concerning the defendants' own conduct and supply (items within defendants' direct knowledge) need not be ordered; and (3) an order under s100 for independent medical examinations was justified because plaintiffs' medical condition is central and defendants demonstrated the need to examine the plaintiffs; Professor Gorman was not...

Citation
openlaw-efb9b466_ca82_46b0_b8aa_032aabadc617.pdf
Parties
First Plaintiff: Amanda Pickard; Second Plaintiff: Troy Taylor; First Defendant: Chas Ambrose; Second Defendant: Rinnai New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 April 2008
Procedural Posture
Civil (negligence, Breach of Contract, Consumer Guarantees Act) / Interlocutory Applications (discovery, Further Particulars, Independent Medical Examinations); Judgment on Interlocutory Relief
Outcome
Application partly granted and partly dismissed: discovery directions made by consent; further particulars ordered in part; s100 medical examination orders granted; no order for costs
Legal Topics
Discovery, Further Particulars (pleadings), Independent Medical Examination (judicature Act S100), Expert Independence, Special Damages (lost Earnings), Court Discretion and Conditions
Civil Procedure Tort (negligence) Contract Consumer Law Medical/expert Evidence Discovery Further Particulars (pleadings) Independent Medical Examination (judicature Act S100) +3 more

Case Brief

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Parties

Amanda Pickard

First Plaintiff

Troy Taylor

Second Plaintiff

Chas Ambrose

First Defendant

Rinnai New Zealand Limited

Second Defendant

Procedural Posture

Civil (negligence, Breach of Contract, Consumer Guarantees Act) / Interlocutory Applications (discovery, Further Particulars, Independent Medical Examinations); Judgment on Interlocutory Relief

Legal Issues

  1. 1 Whether defendants are entitled to further particulars under r185 and related High Court Rules
  2. 2 Whether plaintiffs must provide particulars of special damages and lost earnings (past and future)
  3. 3 Whether independent medical examinations under s100 should be ordered and which practitioners are appropriate

Ratio Decidendi

The Court held that (1) discovery orders could be made by consent and timetabled; (2) further particulars under r185 were required in part: particulars relating to plaintiffs' ongoing neuropsychological effects and particulars and particulars of past and future lost earnings and the basis for calculation must be furnished within a fixed time, while particulars concerning the defendants' own conduct and supply (items within defendants' direct knowledge) need not be ordered; and (3) an order under s100 for independent medical examinations was justified because plaintiffs' medical condition is central and defendants demonstrated the need to examine the plaintiffs; Professor Gorman was not...

Court Disposition

Application partly granted and partly dismissed: discovery directions made by consent; further particulars ordered in part; s100 medical examination orders granted; no order for costs

Orders

  • Defendants have 14 days to advise if plaintiffs' fourth supplementary list of documents provided 5 March 2008 is satisfactory; plaintiffs to reply within a further 7 days; defendants have leave for a further 14 days thereafter to apply on discovery issues and an urgent directions telephone conference will be...
  • Within 15 working days of judgment plaintiffs to provide further particulars numbered [8],[9],[10],[11],[12],[13],[14] as identified in paragraph [13] of the judgment relating to neuropsychological effects and past and future income particulars (basis and calculations)