GRACE v ORION NEW ZEALAND LIMITED [2020] NZHC 701

GRACE v ORION NEW ZEALAND LIMITED [2020] NZHC 701

The telephone records sought are relevant to the pleaded issues because timing of a call may materially affect the timeline and therefore the cause of the fire; there is credible basis to believe the records exist with providers; disclosure of a small number of call records is proportionate and not oppressive;...

Source-derived case information.

Citation
[2020] NZHC 701
Parties
Plaintiffs: Cecile Grace and Others; First Defendant: Orion New Zealand Limited; Second Defendant: Leisure Investments NZ Limited Partnership
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 April 2020
Procedural Posture
Civil: Claim Under Forest and Rural Fires Act 1977 / Interlocutory Application for Further Discovery
Outcome
Application for further discovery granted
Legal Topics
Further Discovery, Relevance, Proportionality, Telephone Records, Privacy, Causation of Fire, Timeline Evidence
Civil Procedure Discovery Evidence Tort Fire Damage Statutory Liability Further Discovery Relevance Proportionality +4 more

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Parties

Cecile Grace and Others

Plaintiffs

Orion New Zealand Limited

First Defendant

Leisure Investments NZ Limited Partnership

Second Defendant

Procedural Posture

Civil: Claim Under Forest and Rural Fires Act 1977 / Interlocutory Application for Further Discovery

Legal Issues

  1. 1 Whether the McKenzies' landline and mobile phone records for 13 February 2017 are relevant to issues in the pleadings
  2. 2 Whether there is credible basis to believe the documents exist and are obtainable
  3. 3 Whether ordering disclosure is proportionate and not oppressive

Ratio Decidendi

The telephone records sought are relevant to the pleaded issues because timing of a call may materially affect the timeline and therefore the cause of the fire; there is credible basis to believe the records exist with providers; disclosure of a small number of call records is proportionate and not oppressive; accordingly discovery must be ordered under rr 8.18–8.19 of the High Court Rules.

Court Disposition

Application for further discovery granted

Orders

  • Mr and Mrs McKenzie to file and serve a supplementary affidavit of documents within 21 days listing all landline and mobile phone records for calls made and received by them on 13 February 2017
  • If compliance with the 21 day deadline is impeded by COVID‑19 parties may seek an extension by counsel conferring and emailing the Registrar to apply for a suitable date