FARRELLY v WELLINGTON CITY COUNCIL [2021] NZHC 1493

The court ordered further sworn answers to interrogatory 5(a) from non-original owners (excluding the 18th, 21st, 32nd, 34th, 35th and 38th plaintiffs) because terms of sale and purchase and any assignments are relevant to limitation and quantum and are not burdensome to answer; it ordered further sworn answers to interrogatory 5(d) from all plaintiffs because each owner must identify the respects in which their unit was incomplete at commencement; it dismissed the application as to interrogatories 5(i)–(o) because those questions would improperly require each plaintiff to provide a comprehensive brief of evidence and were oppressive and overbroad.

Citation: [2021] NZHC 1493
Parties: Plaintiffs: PATRICIA ELIZABETH FARRELLY & ORS; First Defendant: WELLINGTON CITY COUNCIL; Second Defendant: GPE HOLDINGS LTD; Third Defendant: CRAIG ALAN STEWART; Fourth Defendant: STRATUM MANAGEMENT LIMITED; Fifth Defendant: DAVID EDWARD STEWART; Sixth Defendant: ROBERT ARTHUR CLEMENS; Seventh Defendant: ROBERT JOHN BONNER; Eighth Defendant: RONALD FREDERICK THURLOW; Ninth Defendant: JULIA LOUISE LELOIR; Tenth Defendant: JULES CONSULTANCY LIMITED; Eleventh Defendant: TWA INVESTMENTS LIMITED
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 22 June 2021
Procedural Posture: Civil Proceeding Negligence/weathertightness / Interlocutory Application Under R 8.42 for Further Answers to Interrogatories
Outcome: Application partly granted and partly dismissed
Legal Topics: Interrogatories, Discovery Vs Evidence, Relevance, Limitation Defences, Quantum, Duty of Care, Misleading or Deceptive Conduct

Civil Procedure Tort Negligence Contract Building and Construction Regulatory Building Consent/cccs Interrogatories Discovery Vs Evidence Relevance +4 more

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Parties

PATRICIA ELIZABETH FARRELLY & ORS

Plaintiffs

WELLINGTON CITY COUNCIL

First Defendant

GPE HOLDINGS LTD

Second Defendant

CRAIG ALAN STEWART

Third Defendant

STRATUM MANAGEMENT LIMITED

Fourth Defendant

DAVID EDWARD STEWART

Fifth Defendant

ROBERT ARTHUR CLEMENS

Sixth Defendant

ROBERT JOHN BONNER

Seventh Defendant

RONALD FREDERICK THURLOW

Eighth Defendant

JULIA LOUISE LELOIR

Ninth Defendant

JULES CONSULTANCY LIMITED

Tenth Defendant

TWA INVESTMENTS LIMITED

Eleventh Defendant

Procedural Posture

Civil Proceeding Negligence/weathertightness / Interlocutory Application Under R 8.42 for Further Answers to Interrogatories

Legal Issues

1 Whether interrogatory 5(a) must be answered concerning assignments of rights in sale and purchase agreements
2 Whether interrogatory 5(d) must be answered concerning elements of construction incomplete at commencement of proceedings
3 Whether interrogatories 5(i)–(o) require answers about remedial actions and representations or improperly seek briefs of evidence

Ratio Decidendi

Court Disposition

Application partly granted and partly dismissed

Orders

Continuing plaintiffs other than the 18th, 21st, 32nd, 34th, 35th and 38th plaintiffs are ordered to file and serve further sworn answers to interrogatory 5(a) within 10 working days of the date of the judgment
All continuing plaintiffs are ordered to file and serve further sworn answers to interrogatory 5(d) within 10 working days of the date of the judgment