RHH LIMITED v SANDRINE ANDERSON [2018] NZHC 2032

RHH LIMITED v SANDRINE ANDERSON [2018] NZHC 2032

The application for further discovery was granted in part: the defendants must file and serve a further affidavit of documents by 22 August 2018 limited to (a) VGA Ltd/Virginia Gomes file documents to the extent Helice Properties Ltd or Ms Anderson have a right of inspection (noting financial statements are relevant and likely to exist), and (b) texts and correspondence between Miriam Roberts and Ms Anderson for the specified periods; Ms Anderson must depose as to whether she backed up emails when changing servers in May 2013 and whether she has searched/access to those backups. Requests for bank statements of position, ASB correspondence/meeting notes and additional company records...

Citation
[2018] NZHC 2032
Parties
First Plaintiff: RHH LIMITED; Second Plaintiff: JOSEF CHRISTOPHER ROBERTS; First Defendant: SANDRINE ANDERSON; Second Defendant: HELICE PROPERTIES LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 August 2018
Procedural Posture
Civil Property/trust Dispute (accounting for Profits) / Further Discovery Application Under R 8.19; Pre Trial (close of Pleadings Passed; Hearing Scheduled)
Outcome
Application for further discovery granted in part and refused in part
Legal Topics
Discovery, Trust Resettlement, Corporate Trustee, Constructive Trust, Accounting for Profits, Property (relationships) Act 1976
Trusts Property Law Companies Law Civil Procedure Family Law Equitable Remedies Discovery Trust Resettlement +4 more

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Parties

RHH LIMITED

First Plaintiff

JOSEF CHRISTOPHER ROBERTS

Second Plaintiff

SANDRINE ANDERSON

First Defendant

HELICE PROPERTIES LIMITED

Second Defendant

Procedural Posture

Civil Property/trust Dispute (accounting for Profits) / Further Discovery Application Under R 8.19; Pre Trial (close of Pleadings Passed; Hearing Scheduled)

Legal Issues

  1. 1 Whether there are grounds under r 8.19 to order particular discovery of specified classes of documents
  2. 2 Whether the documents sought are relevant to issues in the pleadings and proportionate to require discovery
  3. 3 Whether the defendants control or have access to the documents sought (including third party accountant files and backups)

Ratio Decidendi

The application for further discovery was granted in part: the defendants must file and serve a further affidavit of documents by 22 August 2018 limited to (a) VGA Ltd/Virginia Gomes file documents to the extent Helice Properties Ltd or Ms Anderson have a right of inspection (noting financial statements are relevant and likely to exist), and (b) texts and correspondence between Miriam Roberts and Ms Anderson for the specified periods; Ms Anderson must depose as to whether she backed up emails when changing servers in May 2013 and whether she has searched/access to those backups. Requests for bank statements of position, ASB correspondence/meeting notes and additional company records...

Court Disposition

Application for further discovery granted in part and refused in part

Orders

  • Defendants to file and serve by 22 August 2018 a further affidavit of documents limited to: VGA Ltd's (Virginia Gomes and Associates Ltd) file regarding the second defendant to the extent Helice Properties Ltd or Ms Anderson have a right of inspection, and texts and correspondence between Miriam Roberts and Ms...
  • Ms Anderson to depose in the supplementary affidavit whether she backed up emails when she changed servers in May 2013, whether she still has access to those backups, whether she has searched them, and whether any relevant documents exist there