JOHNSON v JOHNSON [2021] NZHC 840

JOHNSON v JOHNSON [2021] NZHC 840

The Court directed answers to specific interrogatories that were relevant and did not impermissibly assume disputed facts (Questions 2,3, first part of 4, Question 5 as tied to 4, and Question 6(c)); ordered reasonable steps to investigate recoverability of pre-December 2012 emails with defined process and timetable; found no established contempt because payment was made before a finding and alternative remedies existed, but awarded 2B costs for the contempt application; awarded wasted costs of NZD 7,500 for the reactivated then abandoned derivative application and NZD 500 for production-related wasted costs; and dismissed the Family Court r 400 examination application as not surviving...

Citation
[2021] NZHC 840
Parties
Plaintiff (trustee): Bryan Ewart Johnson; Plaintiff (trustee): David Houghton Wale; Plaintiff (trustee): Christopher Dan Williams; First Defendant / Plaintiff in Related Proceedings: Craig Bryan Johnson; First Defendant / Plaintiff in Related Proceedings: Maria Bernadette Johnson; Second Defendant / Related Company: Little School Limited; Third Defendant / Target Company: Johnson Preschool Limited; Second Defendant (trust): C B and M B Johnson Family Trust; Trustee / Second Defendant: Grant Maitland Richardson; Defendant (in CIV 2020 485 421): Life Learning Aotearoa Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 April 2021
Procedural Posture
Civil Litigation (company, Trust and Relationship Property Disputes) / Interlocutory / Case Management Hearing (pre Trial Interlocutory Applications)
Outcome
Interlocutory orders granting specified interrogatories and discovery directions in part; contempt not established but costs awarded; wasted costs awarded; Family Court r 400 application dismissed.
Legal Topics
Interrogatories, Discovery (electronic Evidence), Derivative Action / Derivative Defence, Costs and Wasted Costs, Contempt for Non Compliance, Transfer of Proceedings / Jurisdiction, Family Court R 400 Examination
Civil Procedure Company Law Equity and Trusts Family / Relationship Property Law Contempt Interrogatories Discovery (electronic Evidence) Derivative Action / Derivative Defence +4 more

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Parties

Bryan Ewart Johnson

Plaintiff (trustee)

David Houghton Wale

Plaintiff (trustee)

Christopher Dan Williams

Plaintiff (trustee)

Craig Bryan Johnson

First Defendant / Plaintiff in Related Proceedings

Maria Bernadette Johnson

First Defendant / Plaintiff in Related Proceedings

Little School Limited

Second Defendant / Related Company

Johnson Preschool Limited

Third Defendant / Target Company

C B and M B Johnson Family Trust

Second Defendant (trust)

Grant Maitland Richardson

Trustee / Second Defendant

Life Learning Aotearoa Limited

Defendant (in CIV 2020 485 421)

Procedural Posture

Civil Litigation (company, Trust and Relationship Property Disputes) / Interlocutory / Case Management Hearing (pre Trial Interlocutory Applications)

Legal Issues

  1. 1 Whether specific interrogatories propounded by Maria to Craig are permissible and must be answered
  2. 2 Whether Craig must undertake further discovery including recovery of pre-2012 emails
  3. 3 Whether Maria was in contempt for non-payment of a costs award and whether costs should be awarded for the contempt application

Ratio Decidendi

The Court directed answers to specific interrogatories that were relevant and did not impermissibly assume disputed facts (Questions 2,3, first part of 4, Question 5 as tied to 4, and Question 6(c)); ordered reasonable steps to investigate recoverability of pre-December 2012 emails with defined process and timetable; found no established contempt because payment was made before a finding and alternative remedies existed, but awarded 2B costs for the contempt application; awarded wasted costs of NZD 7,500 for the reactivated then abandoned derivative application and NZD 500 for production-related wasted costs; and dismissed the Family Court r 400 examination application as not surviving...

Court Disposition

Interlocutory orders granting specified interrogatories and discovery directions in part; contempt not established but costs awarded; wasted costs awarded; Family Court r 400 application dismissed.

Orders

  • Costs on the discovery application to lie where they fall