OCEANIC HOLDINGS (INTERNATIONAL) LIMITED V AIR TRANSPORT WORLD FREIGHT LIMITED HC AK CIV-2008-404-000751

OCEANIC HOLDINGS (INTERNATIONAL) LIMITED V AIR TRANSPORT WORLD FREIGHT LIMITED HC AK CIV-2008-404-000751

The unredacted settlement agreement is relevant and discoverable because it may contain a release of the Queensland defendants which could discharge the defendant if the defendant is held to be a joint tortfeasor; accordingly the plaintiff's claim to confidentiality as to the unredacted deed is set aside limitedly for inspection by the defendant and its counsel only. Documents discovered by the Queensland defendants are within the plaintiff's control and the implied undertaking against collateral use is released to permit their use in this proceeding; plaintiff must file an affidavit detailing whether those discovered documents are or have been in its control.

Citation
openlaw-d1774294_0eea_49e9_a0e0_9e05f78ec95c.pdf
Parties
Plaintiff/respondent: Oceanic Holdings (International) Limited; Defendant/applicant: Air Transport World Freight Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 February 2011
Procedural Posture
Civil (tort/damages) / Interlocutory Discovery Application
Outcome
Application granted in part.
Legal Topics
Discovery, Confidentiality, Settlement Agreements, Implied Undertaking, Release, Indemnity, Contribution, Joint Vs Concurrent Tortfeasors
Civil Procedure Tort Evidence Commercial Law Discovery Confidentiality Settlement Agreements Implied Undertaking +4 more

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Parties

Oceanic Holdings (International) Limited

Plaintiff/respondent

Air Transport World Freight Limited

Defendant/applicant

Procedural Posture

Civil (tort/damages) / Interlocutory Discovery Application

Legal Issues

  1. 1 Whether the unredacted settlement agreement from Queensland is discoverable
  2. 2 Whether documents discovered in the Queensland proceedings were or are in the plaintiff's control
  3. 3 Whether the implied undertaking not to use discovered documents for collateral purposes can be released or modified

Ratio Decidendi

The unredacted settlement agreement is relevant and discoverable because it may contain a release of the Queensland defendants which could discharge the defendant if the defendant is held to be a joint tortfeasor; accordingly the plaintiff's claim to confidentiality as to the unredacted deed is set aside limitedly for inspection by the defendant and its counsel only. Documents discovered by the Queensland defendants are within the plaintiff's control and the implied undertaking against collateral use is released to permit their use in this proceeding; plaintiff must file an affidavit detailing whether those discovered documents are or have been in its control.

Court Disposition

Application granted in part.

Orders

  • Produce for inspection a complete and unredacted copy of the settlement agreement dated 11 June 2010 referred to in para 20 of the amended statement of claim; plaintiff's claim to confidentiality in relation to the unredacted settlement agreement is set aside but only to the extent of dissemination to the defendant...
  • Plaintiff to file and serve an affidavit stating whether all documents discovered by Rancroft Transport Pty Ltd and Scott Callen in the Queensland proceedings are, or have been, in the plaintiff's control and, if they have been but are no longer in the plaintiff's control, the plaintiff's best knowledge or belief as...