BRANDLINES LIMITED V CENTRAL FORKLIFT GROUP LIMITED HC WN CIV-2008-485-2803

BRANDLINES LIMITED V CENTRAL FORKLIFT GROUP LIMITED HC WN CIV-2008-485-2803

Although the first plaintiff succeeded on the agency point, it failed to establish privilege over the overwhelming majority of its documents and therefore is liable for costs; the second plaintiff had measured success and is not liable. It is fair to apportion liability equally between the two defendants where both prosecuted privilege challenges against both plaintiffs. The first plaintiff must pay one half of the defendants' combined net costs and disbursements, resulting in a total payment of $3,608 to the defendants.

Citation
openlaw-b53c1db1_b737_49be_be2d_b77b165607c2.pdf
Parties
First Plaintiff: Brandlines Limited; Second Plaintiff: Contamo Palmerston North Limited; First Defendant: Central Forklift Group Limited; Second Defendant: Exide Technologies Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 June 2011
Procedural Posture
High Court Civil: Privilege Challenge / Costs Judgment (following Interlocutory Hearing on Privilege)
Outcome
First plaintiff ordered to pay costs to both defendants; second plaintiff not liable for costs; total payable by first plaintiff $3,608.
Legal Topics
Litigation Privilege, Solicitor Client Privilege, Agency for Privilege Purposes, Costs Allocation, Discovery Disputes
Civil Procedure Evidence Costs Discovery Agency Law Litigation Privilege Solicitor Client Privilege Agency for Privilege Purposes +2 more

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Parties

Brandlines Limited

First Plaintiff

Contamo Palmerston North Limited

Second Plaintiff

Central Forklift Group Limited

First Defendant

Exide Technologies Limited

Second Defendant

Procedural Posture

High Court Civil: Privilege Challenge / Costs Judgment (following Interlocutory Hearing on Privilege)

Legal Issues

  1. 1 Whether specific discovered documents were protected by litigation privilege or solicitor-client privilege
  2. 2 Whether experts and investigators were agents of the plaintiffs for privilege purposes
  3. 3 Allocation of costs between plaintiffs and defendants given mixed success

Ratio Decidendi

Although the first plaintiff succeeded on the agency point, it failed to establish privilege over the overwhelming majority of its documents and therefore is liable for costs; the second plaintiff had measured success and is not liable. It is fair to apportion liability equally between the two defendants where both prosecuted privilege challenges against both plaintiffs. The first plaintiff must pay one half of the defendants' combined net costs and disbursements, resulting in a total payment of $3,608 to the defendants.

Court Disposition

First plaintiff ordered to pay costs to both defendants; second plaintiff not liable for costs; total payable by first plaintiff $3,608.

Orders

  • First plaintiff (Brandlines Limited) to pay costs to the first and second defendants totalling $3,608.
  • Award comprises one-half of the defendants' net costs and one-half of filing fee disbursements as set out in the judgment.