NEW ZEALAND DETECTOR DOG SERVICES LIMITED v WILDLIFE CONTRACTORS LIMITED [2017] NZHC 2156

NEW ZEALAND DETECTOR DOG SERVICES LIMITED v WILDLIFE CONTRACTORS LIMITED [2017] NZHC 2156

The court held that the plaintiffs were entitled to further discovery in respect of categories 1,2 and 5-7 subject to specified clarifications because the documents sought were relevant and discoverable; categories 3 and 4 were not ordered. The defendants must provide further affidavits clarifying possession or control and explaining non-existence and must produce the ordered documents by the specified deadline; cooperation and correspondence between counsel was encouraged rather than immediate additional hearings.

Citation
[2017] NZHC 2156
Parties
First Plaintiff: NEW ZEALAND DETECTOR DOG SERVICES LIMITED; Second Plaintiff: JANET WILLIAMS; First Defendant: WILDLIFE CONTRACTORS LIMITED; Second Defendant: NZ K9 DETECTION SERVICES; Third Defendant: K9 DETECTOR DOG SERVICES LIMITED; Fourth Defendant: GUUS KNOPERS; Fifth Defendant: CALLUM BLAIR; Sixth Defendant: CAMPUS SECURITY LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 September 2017
Procedural Posture
Civil Interlocutory Applications Concerning Discovery and Security for Costs / Interlocutory Hearing (applications for Security for Costs, Inspection of Documents, and Further Discovery)
Outcome
Application for further discovery granted in part and clarified; categories 1,2 and 5-7 ordered with specified clarifications; categories 3 and 4 not ordered; costs reserved.
Legal Topics
Security for Costs, Inspection of Documents, Further Discovery, Discovery Obligations, Costs
Civil Procedure Evidence Discovery Security for Costs Inspection of Documents Further Discovery Discovery Obligations Costs

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Parties

NEW ZEALAND DETECTOR DOG SERVICES LIMITED

First Plaintiff

JANET WILLIAMS

Second Plaintiff

WILDLIFE CONTRACTORS LIMITED

First Defendant

NZ K9 DETECTION SERVICES

Second Defendant

K9 DETECTOR DOG SERVICES LIMITED

Third Defendant

GUUS KNOPERS

Fourth Defendant

CALLUM BLAIR

Fifth Defendant

CAMPUS SECURITY LIMITED

Sixth Defendant

Procedural Posture

Civil Interlocutory Applications Concerning Discovery and Security for Costs / Interlocutory Hearing (applications for Security for Costs, Inspection of Documents, and Further Discovery)

Legal Issues

  1. 1 Whether plaintiffs are entitled to further discovery in specified categories
  2. 2 Whether discovery obligations extend to documents held by third parties under a party's control
  3. 3 Whether further affidavits are required to explain existence or non-existence of documents

Ratio Decidendi

The court held that the plaintiffs were entitled to further discovery in respect of categories 1,2 and 5-7 subject to specified clarifications because the documents sought were relevant and discoverable; categories 3 and 4 were not ordered. The defendants must provide further affidavits clarifying possession or control and explaining non-existence and must produce the ordered documents by the specified deadline; cooperation and correspondence between counsel was encouraged rather than immediate additional hearings.

Court Disposition

Application for further discovery granted in part and clarified; categories 1,2 and 5-7 ordered with specified clarifications; categories 3 and 4 not ordered; costs reserved.

Orders

  • Discovery orders dated 30 June 2017 granted subject to amendments set out in reasons
  • (a) Documents to be discovered in category 1 are documents setting out the testing procedure used by the first to fourth defendants for independent dog certification and proficiency test reports or certificates for the relevant dogs