C&R Construction Ltd v Taharoa Ironsands Ltd & Ors [2020] NZHC 2765

C&R Construction Ltd v Taharoa Ironsands Ltd & Ors [2020] NZHC 2765

Tailored discovery was ordered as consented for the agreed categories; lawyers' time records were held discoverable and must be produced in relation to documents concerning drafting of and legal advice on the Variation Agreement (sub-categories 2(e) and 2(f)) and in relation to documents concerning the circumstances...

Source-derived case information.

Citation
[2020] NZHC 2765
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
21 October 2020
Procedural Posture
Civil: Claim for Rectification of Contract, Fair Trading Act Claims and Related Counterclaims / Interlocutory Application for Tailored Discovery
Outcome
Application granted in part and refused in part; detailed tailored discovery directions and deadlines issued
Legal Topics
Rectification, Misleading or Deceptive Conduct (fta S9), Tailored Discovery, Litigation Privilege, Litigation Timing and Timeline Evidence, Breach of Confidence, Third Party Claims, Discovery Listing Procedure
Contract Law Equitable Remedies Civil Procedure Evidence and Disclosure Competition/consumer Law Confidentiality and Privacy Rectification Misleading or Deceptive Conduct (fta S9) +6 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: Claim for Rectification of Contract, Fair Trading Act Claims and Related Counterclaims / Interlocutory Application for Tailored Discovery

Legal Issues

  1. 1 Whether tailored discovery should be ordered (presumption under r 8.9)
  2. 2 Whether lawyers' time records/time sheets are discoverable in specified categories
  3. 3 Whether privileged documents should be individually listed or group-listed

Ratio Decidendi

Tailored discovery was ordered as consented for the agreed categories; lawyers' time records were held discoverable and must be produced in relation to documents concerning drafting of and legal advice on the Variation Agreement (sub-categories 2(e) and 2(f)) and in relation to documents concerning the circumstances in which Marshall Maine disclosed information to C&R (sub-category 6(a)), because timing and attendance records are relevant to pleaded issues (including whether legal advice was sought and whether confidential information was disclosed). Documents in 2(e) and 2(f) (including privileged documents) are to be individually listed given the centrality of timeline and advice to the...

Court Disposition

Application granted in part and refused in part; detailed tailored discovery directions and deadlines issued

Orders

  • Tailored discovery is ordered by consent in respect of the agreed schedule of categories appended to the judgment
  • Category 10 discovery ordered as: documents in a party's control relating to back-up hire arrangements and holding costs pleaded in paras 86–88 of Taharoa's amended statement of defence and counterclaim, including correspondence, board minutes, order forms, delivery, receipts and payments