GHP PILING LIMITED V LEIGHTON CONTRACTORS PTY LIMITED HC AK CIV-2010-404-003231

GHP PILING LIMITED V LEIGHTON CONTRACTORS PTY LIMITED HC AK CIV-2010-404-003231

Leave to administer interrogatories was granted despite the plaintiff's delay because the interrogatories largely relate to previously disclosed documents, the prejudice to defendants was limited given trial preparation is well advanced, but responses are not required for interrogatories relevant only to damages in the refused amended claims (Roscommon and Remuera); leave to apply for further directions reserved.

Citation
openlaw-7687b33d_63a2_43e3_99fd_896f0eeea83e.pdf
Parties
Plaintiff: GHP PILING LIMITED; First Defendant: LEIGHTON CONTRACTORS PTY LIMITED; Second Defendant: DOWNER EDI WORKS LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 May 2012
Procedural Posture
Civil Pre Trial Interlocutory Application / Application for Leave to Administer Interrogatories After Setting Down
Outcome
Leave granted to administer interrogatories with limitations and leave reserved to apply for further directions
Legal Topics
Interrogatories, Setting Down, Further and Better Discovery, Pre Trial Preparation, Costs
Civil Procedure Discovery Case Management Interrogatories Setting Down Further and Better Discovery Pre Trial Preparation Costs

Case Brief

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Parties

GHP PILING LIMITED

Plaintiff

LEIGHTON CONTRACTORS PTY LIMITED

First Defendant

DOWNER EDI WORKS LIMITED

Second Defendant

Procedural Posture

Civil Pre Trial Interlocutory Application / Application for Leave to Administer Interrogatories After Setting Down

Legal Issues

  1. 1 Whether leave should be granted to serve interrogatories after the setting down date
  2. 2 Whether the interrogatories largely relate to documents already disclosed
  3. 3 Whether the plaintiff's delay in seeking interrogatories is justified

Ratio Decidendi

Leave to administer interrogatories was granted despite the plaintiff's delay because the interrogatories largely relate to previously disclosed documents, the prejudice to defendants was limited given trial preparation is well advanced, but responses are not required for interrogatories relevant only to damages in the refused amended claims (Roscommon and Remuera); leave to apply for further directions reserved.

Court Disposition

Leave granted to administer interrogatories with limitations and leave reserved to apply for further directions

Orders

  • Defendants to respond to the notice of interrogatories except they need not answer interrogatories relevant only to damages in respect of the Roscommon and Remuera contracts
  • Leave reserved to either party to apply for further directions concerning the interrogatories