CAIN v METTRICK [2019] NZHC 2563

CAIN v METTRICK [2019] NZHC 2563

At the pre-trial stage the Judge refused access to the applications and affidavits because the countervailing interests—orderly and fair administration of justice, protection of privacy and commercial confidentiality (including existing confidentiality orders and implied undertakings), and risk of prejudicial publication of possibly inadmissible material—weighed more heavily than the applicants' public interest and open justice claims.

Citation
[2019] NZHC 2563
Parties
First Plaintiff: R J CAIN and R G LOGAN as liquidators of Stonewood Homes Limited (in Receivership and Liquidation); Second Plaintiff: R J CAIN and R G LOGAN as liquidators of Stonewood Homes New Zealand Limited (in Receivership and Liquidation); Third Plaintiff: R J CAIN and R G LOGAN as liquidators of Holmfirth Group Limited (in Receivership and Liquidation); First Defendant: B A METTRICK; Second Defendant: J BOULT
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 October 2019
Procedural Posture
Civil Directors' Duties and Liquidation; Interlocutory Applications Concerning Access to Court Documents / Pre Trial (access to Court Documents Applications Concerning Pending Substantive Strike Out/abuse of Process Applications)
Outcome
Access to the applications and affidavits sought by Allied Press and Fairfax Media declined
Legal Topics
Access to Court Documents, Litigation Funding, Open Justice Vs Confidentiality, Abuse of Process/strike Out, Non Publication Orders
Civil Procedure Company Law Access to Court Documents Privacy and Confidentiality Public Law Open Justice Litigation Funding Open Justice Vs Confidentiality Abuse of Process/strike Out +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

R J CAIN and R G LOGAN as liquidators of Stonewood Homes Limited (in Receivership and Liquidation)

First Plaintiff

R J CAIN and R G LOGAN as liquidators of Stonewood Homes New Zealand Limited (in Receivership and Liquidation)

Second Plaintiff

R J CAIN and R G LOGAN as liquidators of Holmfirth Group Limited (in Receivership and Liquidation)

Third Plaintiff

B A METTRICK

First Defendant

J BOULT

Second Defendant

Procedural Posture

Civil Directors' Duties and Liquidation; Interlocutory Applications Concerning Access to Court Documents / Pre Trial (access to Court Documents Applications Concerning Pending Substantive Strike Out/abuse of Process Applications)

Legal Issues

  1. 1 Whether non-party applicants should be granted access to applications and affidavits filed in relation to defendants' substantive strike-out and related applications
  2. 2 Whether the public interest in disclosure (including identity of litigation funder and a candidate's involvement in litigation) outweighs confidentiality, privacy and orderly administration of justice at a pre-trial stage
  3. 3 Whether exhibited documents subject to confidentiality orders and implied undertakings may be released to non-parties

Ratio Decidendi

At the pre-trial stage the Judge refused access to the applications and affidavits because the countervailing interests—orderly and fair administration of justice, protection of privacy and commercial confidentiality (including existing confidentiality orders and implied undertakings), and risk of prejudicial publication of possibly inadmissible material—weighed more heavily than the applicants' public interest and open justice claims.

Court Disposition

Access to the applications and affidavits sought by Allied Press and Fairfax Media declined

Orders

  • Access to the applications and affidavits filed in support of and in opposition to the defendants' substantive applications is refused