BODY CORPORATE 344862 AND ORS V E-GAS LIMITED AND ANOR HC WN CIV-2007-485-2168

BODY CORPORATE 344862 AND ORS V E-GAS LIMITED AND ANOR HC WN CIV-2007-485-2168

The orders at [95](b)(iv) and (v) contained a drafting error by including alternative formulations limiting discovery to Remaining Transferring Customers; the slip rule (r11.10) authorises correction of that clerical mistake, the amendment will not cause unfair prejudice to E-Gas and is permitted notwithstanding review proceedings because the judgment had not been sealed and the slip rule is an exception to functus officio; accordingly the alternative limiting phrases are deleted and E-Gas is granted a further 15 working days to comply.

Citation
openlaw-5484ec12_605b_475b_b71b_9be1814d0ae9.pdf
Parties
First Plaintiff: Body Corporate 344862; Second Plaintiff: Alamir Company Limited; Third Plaintiff: Nova Gas Limited; Fourth Plaintiff: K 2 G Limited; First Defendant: E-Gas Limited; Second Defendant: E-Gas 2000 Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 September 2010
Procedural Posture
High Court Civil – Discovery and Post Judgment Clarification / Application Under Slip Rule (r 11.10) to Amend Discovery Orders After Judgment
Outcome
Court amended its 31 August 2010 orders under r11.10 to remove alternative limitations and granted an extension for compliance.
Legal Topics
Slip Rule R11.10, Document Discovery R8.18, Overcharging Allegations, Pressure Factor Metering Error, Price Increase Invoices, Recall of Judgment/functus Officio
Civil Procedure Discovery Judgment Administration Contract Law Slip Rule R11.10 Document Discovery R8.18 Overcharging Allegations Pressure Factor Metering Error +2 more

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Parties

Body Corporate 344862

First Plaintiff

Alamir Company Limited

Second Plaintiff

Nova Gas Limited

Third Plaintiff

K 2 G Limited

Fourth Plaintiff

E-Gas Limited

First Defendant

E-Gas 2000 Limited

Second Defendant

Procedural Posture

High Court Civil – Discovery and Post Judgment Clarification / Application Under Slip Rule (r 11.10) to Amend Discovery Orders After Judgment

Legal Issues

  1. 1 Whether discovery orders should be interpreted to include all relevant invoices or be limited to 'Remaining Transferring Customers'
  2. 2 Whether the judgment contains a clerical error or slip permitting correction under r11.10
  3. 3 Whether amendment would prejudice the defendant given delay and work already undertaken

Ratio Decidendi

The orders at [95](b)(iv) and (v) contained a drafting error by including alternative formulations limiting discovery to Remaining Transferring Customers; the slip rule (r11.10) authorises correction of that clerical mistake, the amendment will not cause unfair prejudice to E-Gas and is permitted notwithstanding review proceedings because the judgment had not been sealed and the slip rule is an exception to functus officio; accordingly the alternative limiting phrases are deleted and E-Gas is granted a further 15 working days to comply.

Court Disposition

Court amended its 31 August 2010 orders under r11.10 to remove alternative limitations and granted an extension for compliance.

Orders

  • Delete the alternative phrase 'alternatively such documents in relation to the Remaining Transferring Customers' from [95](b)(iv) of the 31 August 2010 judgment
  • Delete the alternative phrase 'alternatively such documents in relation to the Remaining Transferring Customers only' from [95](b)(v) of the 31 August 2010 judgment