JAMES PRODUCTS LIMITED A DULY INCORPORATED COMPANY HAVING ITS REGISTERED OFFICE AT AUCKLAND, CLEANING PRODUCTS DISTRIBUTOR AND ANOR V APL INVESTMENTS LIMITED (FORMERLY KNOWN AS AEROSOL PRODUCTS LIMITED) A DULY INCORPORATED COMPANY HAVING ITS REGISTERED OFFICE AT C/- GRANT THORNTON AUCKLAND LTD, 97-101 HOBSON STREET, AUCKLAND, MANUFACTURER AND ORS HC AK CIV2005-404-4785

JAMES PRODUCTS LIMITED A DULY INCORPORATED COMPANY HAVING ITS REGISTERED OFFICE AT AUCKLAND, CLEANING PRODUCTS DISTRIBUTOR AND ANOR V APL INVESTMENTS LIMITED (FORMERLY KNOWN AS AEROSOL PRODUCTS LIMITED) A DULY INCORPORATED COMPANY HAVING ITS REGISTERED OFFICE AT C/- GRANT THORNTON AUCKLAND LTD, 97-101 HOBSON STREET, AUCKLAND, MANUFACTURER AND ORS HC AK CIV2005-404-4785

On inspection under r 307(2) the court concluded the two challenged board minutes were properly subject to litigation privilege because broader litigation was in contemplation when they were created; plaintiffs withdrew their challenge and the further and better discovery application was withdrawn by leave; costs on...

Source-derived case information.

Citation
openlaw-43f1e876_f4ee_4e6d_b788_bf4d0801be3c.pdf
Parties
First Plaintiff: JAMES PRODUCTS LIMITED; Second Plaintiff: JOHN PETER STENNER; First Defendant: APL INVESTMENTS LIMITED (FORMERLY KNOWN AS AEROSOL PRODUCTS LIMITED); Second Defendant: CUSTOM CHEMICALS INTERNATIONAL LIMITED; Third Defendant: IVAN KEITH PAUL; Fourth Defendant: ROBERT PARKINSON; Fifth Defendant: DAMAR INDUSTRIES LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 September 2007
Procedural Posture
Civil Application for Further and Better Discovery / Interlocutory Hearing on Privilege and Costs (application Withdrawn)
Outcome
Plaintiffs' application for further and better discovery withdrawn by leave; defendants' claims of litigation privilege for the two board minutes upheld on inspection; costs reserved for determination at the conclusion of the proceeding.
Legal Topics
Privilege, Litigation Privilege, Further and Better Discovery, Costs Reservation, Inspection Under R 307
Civil Procedure Evidence Discovery Civil Costs Privilege Litigation Privilege Further and Better Discovery Costs Reservation +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

JAMES PRODUCTS LIMITED

First Plaintiff

JOHN PETER STENNER

Second Plaintiff

APL INVESTMENTS LIMITED (FORMERLY KNOWN AS AEROSOL PRODUCTS LIMITED)

First Defendant

CUSTOM CHEMICALS INTERNATIONAL LIMITED

Second Defendant

IVAN KEITH PAUL

Third Defendant

ROBERT PARKINSON

Fourth Defendant

DAMAR INDUSTRIES LIMITED

Fifth Defendant

Procedural Posture

Civil Application for Further and Better Discovery / Interlocutory Hearing on Privilege and Costs (application Withdrawn)

Legal Issues

  1. 1 Whether litigation privilege properly claimed for two board minutes dated 21 and 28 April 2005
  2. 2 Whether costs on the plaintiffs' discovery application should be awarded now or reserved to the conclusion of the proceedings

Ratio Decidendi

On inspection under r 307(2) the court concluded the two challenged board minutes were properly subject to litigation privilege because broader litigation was in contemplation when they were created; plaintiffs withdrew their challenge and the further and better discovery application was withdrawn by leave; costs on the plaintiffs' application are reserved to be determined at the conclusion of the proceeding.

Court Disposition

Plaintiffs' application for further and better discovery withdrawn by leave; defendants' claims of litigation privilege for the two board minutes upheld on inspection; costs reserved for determination at the conclusion of the proceeding.

Orders

  • Application for further and better discovery withdrawn by leave
  • Order that withdrawal extends to the r 307 request