WHK (NZ) LIMITED AND ANOR V RETAIL MEDIA LIMITED (IN REC & LIQ) AND ORS HC AK CIV-2009-404-3898

WHK (NZ) LIMITED AND ANOR V RETAIL MEDIA LIMITED (IN REC & LIQ) AND ORS HC AK CIV-2009-404-3898

Court ordered targeted discovery where relevance and control were established: third defendant must discover documents relating to sales and financial records of RML and RMS (bank statements, general ledger printouts, financial statements and payments), Ecko and trustees must disclose documents relating to sales efforts and appointment of liquidators and full versions of previously redacted documents, the Morrison Kent opinion (document 29) is privileged and not inspectable, a r 8.23 notice does not compel production of general firm files referenced in an affidavit, and specific timetable orders were imposed to progress the impending trial.

Citation
openlaw-4ef888ed_8eba_42d0_8189_bc36bfcd6170.pdf
Parties
First Plaintiff: WHK (NZ) LIMITED; Second Plaintiffs: APN NEW ZEALAND LIMITED, APN PRINT NZ LIMITED, REACHMEDIA NEW ZEALAND LIMITED AND BLUE STAR PRINT GROUP (NEW ZEALAND) LIMITED; First Defendant: RETAIL MEDIA LIMITED (IN REC & LIQ); Second Defendants: RAYMOND GORDON BURGESS AND CRAIG ANDREW YOUNG; Third Defendant: JOHN MICHAEL GILBERT; Fourth Defendant: EKCO NOMINEES LIMITED; Fifth Defendants: GREGORY SCOTT AND JULIE SCOTT AS TRUSTEES OF THE ARANUI TRUST; Sixth Defendants: PHILLIP AHERN, GREGORY SCOTT AND JULIE SCOTT AS TRUSTEES OF THE CASLER TRUST
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 December 2009
Procedural Posture
Proceeding Under the Companies Act 1993 and the Receiverships Act 1993 / Interlocutory Discovery Hearing (pre Trial)
Outcome
Interlocutory orders granting discovery of identified documents and refusing overbroad production; confidentiality protections imposed; privilege upheld for one document; timetable for further discovery and trial preparation imposed.
Legal Topics
Discovery Orders, Confidentiality Orders, Legal Professional Privilege, Scope of R 8.23(1), R 8.18 Discovery Obligations, Appointment of Receivers and Liquidators, Asset Transfer (hive Down)
Company Law Insolvency Receivership Liquidation Civil Procedure Evidence and Privilege Discovery Orders Confidentiality Orders +5 more

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Parties

WHK (NZ) LIMITED

First Plaintiff

APN NEW ZEALAND LIMITED, APN PRINT NZ LIMITED, REACHMEDIA NEW ZEALAND LIMITED AND BLUE STAR PRINT GROUP (NEW ZEALAND) LIMITED

Second Plaintiffs

RETAIL MEDIA LIMITED (IN REC & LIQ)

First Defendant

RAYMOND GORDON BURGESS AND CRAIG ANDREW YOUNG

Second Defendants

JOHN MICHAEL GILBERT

Third Defendant

EKCO NOMINEES LIMITED

Fourth Defendant

GREGORY SCOTT AND JULIE SCOTT AS TRUSTEES OF THE ARANUI TRUST

Fifth Defendants

PHILLIP AHERN, GREGORY SCOTT AND JULIE SCOTT AS TRUSTEES OF THE CASLER TRUST

Sixth Defendants

Procedural Posture

Proceeding Under the Companies Act 1993 and the Receiverships Act 1993 / Interlocutory Discovery Hearing (pre Trial)

Legal Issues

  1. 1 Whether third defendant must discover RMS bank statements and general ledger printouts and other documents
  2. 2 Whether detailed RMS documents are discoverable despite confidentiality concerns
  3. 3 Whether document 29 (Morrison Kent opinion) is privileged

Ratio Decidendi

Court ordered targeted discovery where relevance and control were established: third defendant must discover documents relating to sales and financial records of RML and RMS (bank statements, general ledger printouts, financial statements and payments), Ecko and trustees must disclose documents relating to sales efforts and appointment of liquidators and full versions of previously redacted documents, the Morrison Kent opinion (document 29) is privileged and not inspectable, a r 8.23 notice does not compel production of general firm files referenced in an affidavit, and specific timetable orders were imposed to progress the impending trial.

Court Disposition

Interlocutory orders granting discovery of identified documents and refusing overbroad production; confidentiality protections imposed; privilege upheld for one document; timetable for further discovery and trial preparation imposed.

Orders

  • Third defendant (Mr Gilbert) to discover: (a) all documents relating to sales promotion or actual sales of RML and RMS; (b) all bank statements of RML and RMS dated after 5 June 2009; (c) all general ledger printouts for RML and RMS since 5 June 2009; (d) the financial statements for RML and RMS; and (e) any...
  • Disclosure to be confidential to the first plaintiff's solicitors and counsel and Ms Atkins; plaintiffs may disclose to any expert or other person only after giving Ms Mills five working days' notice and obtaining consent or failing response within three days; any expert accepted by Ms Mills must provide an...