C & R CONSTRUCTION LTD v TAHAROA IRONSANDS LTD & ORS [2021] NZHC 1222

C & R CONSTRUCTION LTD v TAHAROA IRONSANDS LTD & ORS [2021] NZHC 1222

Documents concerning Taharoa's arrangements for alternative earthmoving equipment are relevant to C & R's rectification claim because post‑contract conduct can illuminate the parties' mutual intention; r 8.17 permits variation where circumstances changed (abandonment of the counterclaim) and a tailored variation...

Source-derived case information.

Citation
[2021] NZHC 1222
Parties
Plaintiff: C & R Construction Limited; First Defendant: Taharoa Ironsands Limited; Second Defendant: Wayne Sidney Coffey; First Third Party: Timothy Douglas Ross; First Third Party: Christopher Simon Ross; Second Third Party: Marshall Maine
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 May 2021
Procedural Posture
Civil — Contract Rectification With Interlocutory Discovery Disputes / Interlocutory Applications Concerning Discovery (r 8.17 Variation and Rr 8.10/8.18 Discovery)
Outcome
Application under r 8.17 granted in part: original category 10 removed and replaced with a narrowed category relating to Taharoa's arrangements for alternative equipment; Taharoa ordered to provide discovery of the amended category within 15 working days; C & R's discovery application under rr 8.10 and 8.18...
Legal Topics
Rectification, Tailored Discovery, Variation of Discovery Orders (r 8.17), Proportionality in Discovery, Admissibility of Post‑contract Conduct
Contract Law Equity Civil Procedure Discovery Practice Rectification Tailored Discovery Variation of Discovery Orders (r 8.17) Proportionality in Discovery +1 more

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Parties

C & R Construction Limited

Plaintiff

Taharoa Ironsands Limited

First Defendant

Wayne Sidney Coffey

Second Defendant

Timothy Douglas Ross

First Third Party

Christopher Simon Ross

First Third Party

Marshall Maine

Second Third Party

Procedural Posture

Civil — Contract Rectification With Interlocutory Discovery Disputes / Interlocutory Applications Concerning Discovery (r 8.17 Variation and Rr 8.10/8.18 Discovery)

Legal Issues

  1. 1 Whether documents in category 10 remain relevant to C & R's rectification claim after Taharoa abandoned its fourth counterclaim
  2. 2 Whether Taharoa's r 8.17 application to remove category 10 should be granted
  3. 3 Whether discovery of documents concerning Taharoa's arrangements for alternative equipment is proportionate

Ratio Decidendi

Documents concerning Taharoa's arrangements for alternative earthmoving equipment are relevant to C & R's rectification claim because post‑contract conduct can illuminate the parties' mutual intention; r 8.17 permits variation where circumstances changed (abandonment of the counterclaim) and a tailored variation limited by proportionality is appropriate, so category 10 was amended rather than removed and Taharoa ordered to provide discovery of the narrowed category within a fixed time; C & R's standalone discovery application was dismissed as addressed by the r 8.17 order.

Court Disposition

Application under r 8.17 granted in part: original category 10 removed and replaced with a narrowed category relating to Taharoa's arrangements for alternative equipment; Taharoa ordered to provide discovery of the amended category within 15 working days; C & R's discovery application under rr 8.10 and 8.18...

Orders

  • Original category 10 removed and replaced by: "Category 10: Taharoa's arrangements for alternative equipment: Documents in a party's control relating to any arrangements made by Taharoa to obtain access to alternative earthmoving equipment which it could use instead of equipment hired from C & R during the period of...
  • Taharoa to provide discovery of the amended category 10 by way of a further affidavit of documents to be filed and served within 15 working days