PFISTERER v CLAIMS RESOLUTION SERVICE LIMITED [2019] NZHC 1179

PFISTERER v CLAIMS RESOLUTION SERVICE LIMITED [2019] NZHC 1179

The Court exercised its discretion to order limited, proportionate additional discovery and specific interrogatories where materiality and relevance were established, and to refuse orders where requests were not reasonably necessary or were privileged. Specifically: (a) refused order for Hendren job description as...

Source-derived case information.

Citation
[2019] NZHC 1179
Parties
Defendant/counterclaim Plaintiff: Lucia Renate Pfisterer; Plaintiff/first Counterclaim Defendant: Claims Resolution Service Limited; Second Counterclaim Defendant: Grant Shand Barristers and Solicitors
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 May 2019
Procedural Posture
Civil Litigation Contract, Equitable and Statutory Claims / Interlocutory Applications
Outcome
mixed - limited discovery and interrogatories ordered; several discovery requests refused; costs reserved
Legal Topics
Discovery, Interrogatories, Legal Professional Privilege, Fiduciary Duty, Joint Venture, Conflict of Interest, Proportionality in Disclosure
Contract Equity Civil Procedure Evidence Consumer Protection Discovery Interrogatories Legal Professional Privilege +4 more

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Parties

Lucia Renate Pfisterer

Defendant/counterclaim Plaintiff

Claims Resolution Service Limited

Plaintiff/first Counterclaim Defendant

Grant Shand Barristers and Solicitors

Second Counterclaim Defendant

Procedural Posture

Civil Litigation Contract, Equitable and Statutory Claims / Interlocutory Applications

Legal Issues

  1. 1 Whether additional discovery should be ordered from CRS relating to financial interests of related entities and principal Bryan Staples
  2. 2 Whether job description/contract of Leon Hendren was reasonably necessary to advance Pfisterer’s joint venture/fiduciary allegations
  3. 3 Whether communications and documents concerning adverse comments by Wylie J (2014 minutes) should be discovered

Ratio Decidendi

The Court exercised its discretion to order limited, proportionate additional discovery and specific interrogatories where materiality and relevance were established, and to refuse orders where requests were not reasonably necessary or were privileged. Specifically: (a) refused order for Hendren job description as not reasonably necessary; (b) ordered CRS to discover documents evidencing direct or indirect financial interests/benefits to CRS and/or Bryan Staples in ESL and 8D for limited specified periods; (c) refused discovery of documents relating to Justice Wylie minutes and related communications as insufficiently material and disproportionate; (d) ordered both counterclaim defendants...

Court Disposition

mixed - limited discovery and interrogatories ordered; several discovery requests refused; costs reserved

Orders

  • Leave granted to adjourn certain aspects of Pfisterer’s discovery application to allow review of 329 newly received documents per applicant's roadmap paragraph 3 (words 'sine die' deleted)
  • Grant Shand to file a brief supplementary affidavit of discovery stating the producer of the timesheets and the date the produced version was produced