DRON v HOME DESIGN CO LTD & ORS [2021] NZHC 2883

DRON v HOME DESIGN CO LTD & ORS [2021] NZHC 2883

Although the proposed interrogatories relate to core issues and are materially relevant, the majority are impermissibly open‑ended, seek opinions or explanatory narrative rather than discrete primary facts, and are therefore oppressive and not proper interrogatories; leave to bring the application was granted but...

Source-derived case information.

Citation
[2021] NZHC 2883
Parties
Plaintiff: Christopher Robin Dron; Kathryn Sarah Dron; First Defendant: Home Design Company Limited; Second Defendant: Concrete Engineering Limited; Third Defendant: Auckland Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 October 2021
Procedural Posture
Defective Building Negligence Interlocutory Application for Interrogatories / Interlocutory (application for Interrogatories; Leave to Apply Granted)
Outcome
Leave to bring the application granted; application for orders requiring Concrete Engineering Ltd to answer the plaintiffs' proposed interrogatories declined/dismissed; liberty to file an amended application with a discrete set of permissible interrogatories by 26 November 2021; costs reserved with preliminary view...
Legal Topics
Interrogatories, Discovery, Expert Evidence, Producer Statements, Building Code Compliance, Leave to Bring Interlocutory Application
Construction Law Civil Procedure Tort Negligence Building Regulation Compliance Evidence Procedure Interrogatories Discovery Expert Evidence +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Christopher Robin Dron; Kathryn Sarah Dron

Plaintiff

Home Design Company Limited

First Defendant

Concrete Engineering Limited

Second Defendant

Auckland Council

Third Defendant

Procedural Posture

Defective Building Negligence Interlocutory Application for Interrogatories / Interlocutory (application for Interrogatories; Leave to Apply Granted)

Legal Issues

  1. 1 Whether proposed interrogatories relate to matters in question in the proceeding
  2. 2 Whether interrogatories are precise and amenable to direct answers or are oppressive/open‑ended
  3. 3 Whether the interrogatories are necessary under r 8.38(4) given exchange of evidence and expert briefs

Ratio Decidendi

Although the proposed interrogatories relate to core issues and are materially relevant, the majority are impermissibly open‑ended, seek opinions or explanatory narrative rather than discrete primary facts, and are therefore oppressive and not proper interrogatories; leave to bring the application was granted but the substantive application was dismissed with liberty to refile a narrowly framed set of precise fact‑seeking interrogatories and to satisfy necessity under r 8.38(4).

Court Disposition

Leave to bring the application granted; application for orders requiring Concrete Engineering Ltd to answer the plaintiffs' proposed interrogatories declined/dismissed; liberty to file an amended application with a discrete set of permissible interrogatories by 26 November 2021; costs reserved with preliminary view...

Orders

  • Leave granted to plaintiffs to bring their application dated 16 July 2021
  • Application for orders requiring Concrete Engineering Ltd to answer the proposed interrogatories dismissed