AFFORDABLE HOUSING LTD v BODY CORPORATE 396511 [2023] NZHC 776

AFFORDABLE HOUSING LTD v BODY CORPORATE 396511 [2023] NZHC 776

Applying the r 8.19 / r 8.18 framework and the McGechan four-step test the Court held categories 1, 2, 4 and 6 are relevant and sufficiently material and not disproportional to require discovery; category 3 is privileged and must be recorded in Part 2 of the affidavit; category 5 had already been provided. The Court...

Source-derived case information.

Citation
[2023] NZHC 776
Parties
Plaintiff/applicant: Affordable Housing Limited; Defendant/respondent: Body Corporate 396511
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 April 2023
Procedural Posture
Discovery Application (civil) / Interlocutory — Application for Further and Better Discovery Under High Court Rules
Outcome
Application for particular discovery granted in part and tailored as set out; supplementary affidavit ordered; privilege and confidentiality directions given; costs reserved in plaintiff's favour preliminarily.
Legal Topics
Discovery, Privilege, Levies, Costs, Proportionality, Confidentiality of Briefs
Civil Procedure Property Law Building and Construction Unit Titles Discovery Privilege Levies Costs +2 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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Affordable Housing Limited

Plaintiff/applicant

Body Corporate 396511

Defendant/respondent

Procedural Posture

Discovery Application (civil) / Interlocutory — Application for Further and Better Discovery Under High Court Rules

Legal Issues

  1. 1 Whether further tailored discovery should be ordered under r 8.17 and r 8.19 High Court Rules
  2. 2 Whether documents not included in original tailored discovery must be produced under continuing obligation r 8.18
  3. 3 Whether documents sought are relevant and material to plaintiff's claim

Ratio Decidendi

Applying the r 8.19 / r 8.18 framework and the McGechan four-step test the Court held categories 1, 2, 4 and 6 are relevant and sufficiently material and not disproportional to require discovery; category 3 is privileged and must be recorded in Part 2 of the affidavit; category 5 had already been provided. The Court ordered the Body Corporate to file and serve a supplementary affidavit of documents by 2 May 2023 containing the specified categories (with an amended scope for category 2) and directed parties to confer on confidentiality procedures; costs preliminarily reserved for the plaintiff.

Court Disposition

Application for particular discovery granted in part and tailored as set out; supplementary affidavit ordered; privilege and confidentiality directions given; costs reserved in plaintiff's favour preliminarily.

Orders

  • Defendant to file and serve a supplementary affidavit of documents by 2 May 2023 including documents in Category 1 (all invoices relating to the Complex Claim and accompanying documents)
  • Defendant to include Category 2 limited to: all expert reports and advice relating to the Complex Claim together with any correspondence with experts and consultants relevant to breakdowns between common property and unit property or between remediation and litigation work