CS DEVELOPMENT NO. 2 LIMITED V AJ COCKBURN, JE COCKBURN AND KI JEFFERIES HC WN CIV 2009-485-587

CS DEVELOPMENT NO. 2 LIMITED V AJ COCKBURN, JE COCKBURN AND KI JEFFERIES HC WN CIV 2009-485-587

The Judge was satisfied that it was appropriate to grant the plaintiff's interlocutory application ordering the attendance and examination on oath of John Maxwell Fairbairn and requiring him to bring relevant documents unless he first swore and filed an affidavit exhibiting those documents; the order was made with a specific deadline for compliance.

Citation
openlaw-eb9699af_7a5d_40f1_a0ac_d9ad917ad4f1.pdf
Parties
Plaintiff: CS DEVELOPMENT NO. 2 LIMITED; Defendant: AJ COCKBURN; Defendant: JE COCKBURN; Defendant: KI JEFFRIES
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 June 2009
Procedural Posture
Civil Summary Judgment Application / Interlocutory Application for Examination on Oath and Production of Documents
Outcome
Application granted
Legal Topics
Summary Judgment, Examination on Oath, Production of Documents, Interlocutory Relief
Civil Procedure Evidence Civil Litigation Summary Judgment Examination on Oath Production of Documents Interlocutory Relief

Case Brief

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Parties

CS DEVELOPMENT NO. 2 LIMITED

Plaintiff

AJ COCKBURN

Defendant

JE COCKBURN

Defendant

KI JEFFRIES

Defendant

Procedural Posture

Civil Summary Judgment Application / Interlocutory Application for Examination on Oath and Production of Documents

Legal Issues

  1. 1 Whether a non-party witness (or witness employed by a party) should be ordered to appear and be examined on oath in aid of a summary judgment application
  2. 2 Whether the witness must personally bring documents or may instead file a sworn affidavit exhibiting the documents
  3. 3 Appropriate timing and conditions for such examination

Ratio Decidendi

The Judge was satisfied that it was appropriate to grant the plaintiff's interlocutory application ordering the attendance and examination on oath of John Maxwell Fairbairn and requiring him to bring relevant documents unless he first swore and filed an affidavit exhibiting those documents; the order was made with a specific deadline for compliance.

Court Disposition

Application granted

Orders

  • John Maxwell Fairbairn of Wellington, Sales Manager, is to appear and be examined on oath before a Registrar or Deputy Registrar of the High Court at the latest on Thursday, 25 June 2009 (or such other time as the Court may appoint) and bring with him all documents held by him relevant to CIV 2009-485-587 and the...
  • Costs reserved