CATLEY V WAIPA CORPORATION LIMITED AND ORS HC AK CIV-2004-463-494

CATLEY V WAIPA CORPORATION LIMITED AND ORS HC AK CIV-2004-463-494

The Court ordered answers to interrogatories that sought factual matters within the plaintiff's direct knowledge and were relevant to pleaded issues (Q28, Q29, Q30, Q32). The Court refused to compel answers where responses would require disclosure of privileged legal advice or would entail mixed questions of law and...

Source-derived case information.

Citation
openlaw-1d39cdf2_1bdd_4630_8381_ee9dfe110da2.pdf
Parties
Plaintiff: Gary Haswell Catley; First Defendant: Waipa Corporation Limited; Second Defendant: Red Stag Timber Limited; Third Defendant: Waipa Mill Land Limited; Fourth Defendant: Waipa Plant & Buildings Limited; Fifth Defendant: Waipa Property Estate Limited; Sixth Defendant (deceased): Phillip Arthur Verry; Seventh Defendant: Martin Philip Verry; Eighth Defendant: Red Stag Wood Products; Executors in the Estate of Phillip Arthur Verry (sixth Defendants): Martin Philip Verry, Hilton Russell Verry, Lyndsey Eleanor Verry, Louise Jane Dinmore and Carol Elizabeth Houston; Counterclaim Defendant: Suzanne Lynette Catley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 November 2010
Procedural Posture
Civil Litigation Interlocutory Discovery/disclosure / Interlocutory Application to Compel Answers to Interrogatories
Outcome
Defendants' application partly granted: plaintiff ordered to answer Q28, Q29, Q30 and Q32; plaintiff not required to answer Q31, Q33, Q37, Q39, Q40 and Q41; costs to lie as they fall; Registrar directed to endorse judgment with delivery time.
Legal Topics
Interrogatories, Legal Professional Privilege, Relevance, Settlement, Mixed Questions of Fact and Law
Civil Procedure Discovery Evidence Fiduciary Duty Contract Interrogatories Legal Professional Privilege Relevance +2 more

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Parties

Gary Haswell Catley

Plaintiff

Waipa Corporation Limited

First Defendant

Red Stag Timber Limited

Second Defendant

Waipa Mill Land Limited

Third Defendant

Waipa Plant & Buildings Limited

Fourth Defendant

Waipa Property Estate Limited

Fifth Defendant

Phillip Arthur Verry

Sixth Defendant (deceased)

Martin Philip Verry

Seventh Defendant

Red Stag Wood Products

Eighth Defendant

Martin Philip Verry, Hilton Russell Verry, Lyndsey Eleanor Verry, Louise Jane Dinmore and Carol Elizabeth Houston

Executors in the Estate of Phillip Arthur Verry (sixth Defendants)

Suzanne Lynette Catley

Counterclaim Defendant

Procedural Posture

Civil Litigation Interlocutory Discovery/disclosure / Interlocutory Application to Compel Answers to Interrogatories

Legal Issues

  1. 1 Whether specific interrogatories seek facts within the plaintiff's knowledge and are relevant to pleaded issues
  2. 2 Whether answers would require disclosure of privileged legal advice
  3. 3 Whether objections based on lapse of time/oppression are sustainable

Ratio Decidendi

The Court ordered answers to interrogatories that sought factual matters within the plaintiff's direct knowledge and were relevant to pleaded issues (Q28, Q29, Q30, Q32). The Court refused to compel answers where responses would require disclosure of privileged legal advice or would entail mixed questions of law and fact (Q31, Q33, Q37 and dependent Q39–Q41). An objection based on elapsed time was rejected because delay was substantially attributable to the plaintiff.

Court Disposition

Defendants' application partly granted: plaintiff ordered to answer Q28, Q29, Q30 and Q32; plaintiff not required to answer Q31, Q33, Q37, Q39, Q40 and Q41; costs to lie as they fall; Registrar directed to endorse judgment with delivery time.

Orders

  • Plaintiff must answer interrogatories Q28, Q29, Q30 and Q32 as identified in the schedule
  • Plaintiff need not answer interrogatories Q31, Q33, Q37, Q39, Q40 and Q41 due to privilege or mixed law and fact issues