CARTER HOLT HARVEY LIMITED V GENESIS POWER LIMITED AND ORS HC AK CIV 2001-404-001974

CARTER HOLT HARVEY LIMITED V GENESIS POWER LIMITED AND ORS HC AK CIV 2001-404-001974

The court exercised its discretion to grant leave to admit the late-produced invoices because admitting them was in the interests of justice and defendants could not demonstrate irremediable prejudice; admission was conditional on defendant costs and other accommodations, but the hearsay evidence of Mr Taylor referencing those invoices was excluded.

Citation
openlaw-f1415b6c_b527_4b1f_8a62_cc17cbc03106.pdf
Parties
Plaintiff: Carter Holt Harvey Limited; First Defendant: Genesis Power Limited; Second Defendant: Rolls-Royce New Zealand Limited; Third Party: Rolls-Royce Power Engineering PLC
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 September 2009
Procedural Posture
Civil Trial Concerning Quantum of Claim and Evidentiary Application / On Trial (ninety Fifth Day) — Application for Leave to Call Further Evidence and Admit Late Produced Invoices
Outcome
Application granted subject to conditions; costs awarded to defendants 'costs of and in relation to the application' in any event; Mr Taylor's paragraph 17(f) evidence excluded; invoices to be placed in common bundle and are admissible subject to normal admissibility objections.
Legal Topics
Leave to Adduce Late Evidence, Admissibility of Documents, Electronic Disclosure (sap), Rule 8.37 High Court Rules, Rule 9.15 High Court Rules, S132(3) Evidence Act 2006, Hearsay, Costs Consequence of Late Production
Civil Procedure Evidence Discovery Costs Leave to Adduce Late Evidence Admissibility of Documents Electronic Disclosure (sap) Rule 8.37 High Court Rules +4 more

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Parties

Carter Holt Harvey Limited

Plaintiff

Genesis Power Limited

First Defendant

Rolls-Royce New Zealand Limited

Second Defendant

Rolls-Royce Power Engineering PLC

Third Party

Procedural Posture

Civil Trial Concerning Quantum of Claim and Evidentiary Application / On Trial (ninety Fifth Day) — Application for Leave to Call Further Evidence and Admit Late Produced Invoices

Legal Issues

  1. 1 Whether leave should be granted to admit invoices produced after the court-ordered deadline
  2. 2 Whether r 8.37 and r 9.15 High Court Rules and s132(3) Evidence Act 2006 required leave for the documents
  3. 3 Whether defendants suffered prejudice that cannot be remedied by costs and delay accommodation

Ratio Decidendi

The court exercised its discretion to grant leave to admit the late-produced invoices because admitting them was in the interests of justice and defendants could not demonstrate irremediable prejudice; admission was conditional on defendant costs and other accommodations, but the hearsay evidence of Mr Taylor referencing those invoices was excluded.

Court Disposition

Application granted subject to conditions; costs awarded to defendants 'costs of and in relation to the application' in any event; Mr Taylor's paragraph 17(f) evidence excluded; invoices to be placed in common bundle and are admissible subject to normal admissibility objections.

Orders

  • Leave granted to adduce the further invoices exhibited to the affidavit of Sven Tribbe dated 9 September 2009 provided conditions are met
  • Costs of and in relation to the application are to be costs of the defendants in any event; plaintiff to meet defendants' costs relating to the late production (quantum to be determined or agreed)