N-TECH LIMITED AND ORS V ABOOTH LIMITED (IN REC.) AND ANOR HC AK CIV 2006-404-003362

N-TECH LIMITED AND ORS V ABOOTH LIMITED (IN REC.) AND ANOR HC AK CIV 2006-404-003362

The court held that discovery of documents relating to the retainer and advice provided by Russell McVeagh was necessary and relevant to the determination of Russell McVeagh's summary judgment and strike-out applications; Gosling Chapman and Russell McVeagh must file and serve lists of such documents claiming...

Source-derived case information.

Citation
openlaw-9539e033_fbec_4f3f_9de5_a3b15a525022.pdf
Parties
First Plaintiff: N-TECH LIMITED; Second Plaintiff: ST LUCIA INVESTMENTS LIMITED; Third Plaintiff: TOTARA INVESTMENTS LIMITED; First Defendant: ABOOTH LIMITED (IN REC.); Second to One Hundred and Twenty First Defendants: OTHER DEFENDANTS AS SET OUT IN SCHEDULE ONE; Selected Defendants: LSL DIGI-TECH DEFENDANTS (eighth, 17th, 25th, 28th, 37th and 117th Defendants); First Third Parties (partners of Gosling Chapman): R J CHAPMAN, G D C WALKER, T F MCGRATH; Second Third Parties: M V RICHARDSON AND T J GOLDFINCH; Third Third Party: RUSSELL MCVEAGH; First Fourth Party: H C VINCENT; Second Fourth Parties: J M K BROWN AND P H CASTLE; Third Fourth Party: K A SCHWASS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 September 2008
Procedural Posture
Civil Interlocutory Applications Concerning Discovery, Privilege, Strike Out and Summary Judgment / Interim Judgment on Discovery Application (interlocutory)
Outcome
Interlocutory discovery ordered; determination of summary judgment and strike-out applications deferred pending discovery and inspection of documents and further submissions
Legal Topics
Discovery Orders, Inspection of Privileged Documents, Summary Judgment Test, Strike Out Applications
Civil Procedure Evidence Legal Professional Privilege Commercial Law Discovery Orders Inspection of Privileged Documents Summary Judgment Test Strike Out Applications

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Parties

N-TECH LIMITED

First Plaintiff

ST LUCIA INVESTMENTS LIMITED

Second Plaintiff

TOTARA INVESTMENTS LIMITED

Third Plaintiff

ABOOTH LIMITED (IN REC.)

First Defendant

OTHER DEFENDANTS AS SET OUT IN SCHEDULE ONE

Second to One Hundred and Twenty First Defendants

LSL DIGI-TECH DEFENDANTS (eighth, 17th, 25th, 28th, 37th and 117th Defendants)

Selected Defendants

R J CHAPMAN, G D C WALKER, T F MCGRATH

First Third Parties (partners of Gosling Chapman)

M V RICHARDSON AND T J GOLDFINCH

Second Third Parties

RUSSELL MCVEAGH

Third Third Party

H C VINCENT

First Fourth Party

J M K BROWN AND P H CASTLE

Second Fourth Parties

K A SCHWASS

Third Fourth Party

Procedural Posture

Civil Interlocutory Applications Concerning Discovery, Privilege, Strike Out and Summary Judgment / Interim Judgment on Discovery Application (interlocutory)

Legal Issues

  1. 1 Whether Gosling Chapman instructed Russell McVeagh to act for the Digi-Tech investors (including the LSL Digi-Tech defendants)
  2. 2 Whether documents relating to the retainer and advice by Russell McVeagh are discoverable despite claims of privilege
  3. 3 Whether summary judgment/strike-out applications should be decided before resolution of discovery and privilege

Ratio Decidendi

The court held that discovery of documents relating to the retainer and advice provided by Russell McVeagh was necessary and relevant to the determination of Russell McVeagh's summary judgment and strike-out applications; Gosling Chapman and Russell McVeagh must file and serve lists of such documents claiming privilege where relevant, and the court will inspect privileged documents to decide the validity of privilege before ruling on the substantive interlocutory applications.

Court Disposition

Interlocutory discovery ordered; determination of summary judgment and strike-out applications deferred pending discovery and inspection of documents and further submissions

Orders

  • Gosling Chapman and Russell McVeagh to make discovery of documents concerning or in connection with the retainer of Russell McVeagh relating to the Digi-Tech transactions and ensuing dealings, by filing and serving a list of such documents in accordance with r295 claiming privilege where relevant
  • The lists of documents are to be filed and served by Friday 10 October