CLAYTON v CURRIE [2016] NZHC 2815

CLAYTON v CURRIE [2016] NZHC 2815

The Judge exercised discretion to grant relief from the consequences of non-compliance for the first plaintiff (V J Clayton) because, on balance, his late discovery amounted to muddlement rather than deliberate flouting and relevant documents are now before the parties; for the remaining plaintiffs the Court ordered limited relief only and struck out each plaintiff's claim for special damages because their discovery and particularisation obligations for those heads of loss were not satisfied within the timetabled orders; the balance of their claims was preserved to avoid disproportionate injustice.

Citation
[2016] NZHC 2815
Parties
First Plaintiff (civ 2011 409 001178): Vincent James Clayton; Second Plaintiff (civ 2011 409 001178): Linda Joyce Westbury; First Defendant: Philippa Anne Currie; Second Defendant: Raymond Donnelly & Co; Third Defendant: Crown Solicitor at Christchurch; Fourth Defendant: Attorney-General; First Plaintiff (civ 2013 409 001441): Peter Lloyd Machirus; Second Plaintiff (civ 2013 409 001441): Nadia Mavana Pelenato; Third Plaintiff (civ 2013 409 001441): Gary George Morell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 November 2016
Procedural Posture
Civil (misfeasance in Public Office; Nzbora; Deceit) / Case Management – Application for Relief From Consequences of Unless Orders Relating to Discovery/compliance
Outcome
First plaintiff (Vincent James Clayton) fully relieved from consequences of breach of the unless order; remaining 1178 and all 1441 plaintiffs partially relieved with their claims for special damages struck out; balance of claims preserved; costs reserved.
Legal Topics
Discovery, Unless Orders, Misfeasance in Public Office, New Zealand Bill of Rights Act 1990, Special Damages, Relief From Sanctions
Civil Procedure Tort Public Law Human Rights Discovery Unless Orders Misfeasance in Public Office New Zealand Bill of Rights Act 1990 +2 more

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Parties

Vincent James Clayton

First Plaintiff (civ 2011 409 001178)

Linda Joyce Westbury

Second Plaintiff (civ 2011 409 001178)

Philippa Anne Currie

First Defendant

Raymond Donnelly & Co

Second Defendant

Crown Solicitor at Christchurch

Third Defendant

Attorney-General

Fourth Defendant

Peter Lloyd Machirus

First Plaintiff (civ 2013 409 001441)

Nadia Mavana Pelenato

Second Plaintiff (civ 2013 409 001441)

Gary George Morell

Third Plaintiff (civ 2013 409 001441)

Procedural Posture

Civil (misfeasance in Public Office; Nzbora; Deceit) / Case Management – Application for Relief From Consequences of Unless Orders Relating to Discovery/compliance

Legal Issues

  1. 1 Whether each plaintiff complied with the Court's unless orders for discovery
  2. 2 Whether relief from the consequences of non-compliance should be granted
  3. 3 Whether particular claims for special damages must be struck out for non-compliance

Ratio Decidendi

The Judge exercised discretion to grant relief from the consequences of non-compliance for the first plaintiff (V J Clayton) because, on balance, his late discovery amounted to muddlement rather than deliberate flouting and relevant documents are now before the parties; for the remaining plaintiffs the Court ordered limited relief only and struck out each plaintiff's claim for special damages because their discovery and particularisation obligations for those heads of loss were not satisfied within the timetabled orders; the balance of their claims was preserved to avoid disproportionate injustice.

Court Disposition

First plaintiff (Vincent James Clayton) fully relieved from consequences of breach of the unless order; remaining 1178 and all 1441 plaintiffs partially relieved with their claims for special damages struck out; balance of claims preserved; costs reserved.

Orders

  • Vincent James Clayton is fully relieved from the consequences of his breach of the unless order dated 10 March 2016 so his claims in CIV-2011-409-001178 are not struck out
  • The remaining 1178 plaintiffs and all 1441 plaintiffs are partially relieved from the consequences of their breaches of the unless order: only their claims for special damages are struck out