STUDENTS' ASSOCIATION OF THE WAIKATO INSTITUTE OF TECHNOLOGY INC v WAIKATO INSTITUTE OF TECHNOLOGY [2013] NZHC 2440
Registrar was ordered to provide the reporter with copies of the statement of claim and statement of defence because r 3.13 permits disclosure, neither party opposed the request, and providing the defence ensures a balanced public record.
Source-derived case information.
- Citation
- [2013] NZHC 2440
- Parties
- Plaintiff: STUDENTS' ASSOCIATION OF THE WAIKATO INSTITUTE OF TECHNOLOGY INCORPORATED; Defendant: WAIKATO INSTITUTE OF TECHNOLOGY
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 18 September 2013
- Procedural Posture
- Civil / Interlocutory (access to Pleadings)
- Outcome
- Order made for disclosure of pleadings to reporter
- Legal Topics
- Public Access to Court Documents, Disclosure of Pleadings, High Court Rules R 3.13
Source-derived case record
Summary, issues, holding and outcome
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Parties
STUDENTS' ASSOCIATION OF THE WAIKATO INSTITUTE OF TECHNOLOGY INCORPORATED
Plaintiff
WAIKATO INSTITUTE OF TECHNOLOGY
Defendant
Procedural Posture
Civil / Interlocutory (access to Pleadings)
Legal Issues
- 1 Whether a reporter requesting a copy of the statement of claim is entitled to it under r 3.13
- 2 Whether the statement of defence should also be provided to ensure a balance of information
Ratio Decidendi
Registrar was ordered to provide the reporter with copies of the statement of claim and statement of defence because r 3.13 permits disclosure, neither party opposed the request, and providing the defence ensures a balanced public record.
Court Disposition
Order made for disclosure of pleadings to reporter
Orders
- Registrar to make available to H Pearl of the Waikato Times a copy of the statement of claim and statement of defence in this proceeding.
Full Case Text
Judgment text and source record
1 paragraphs
STUDENTS' ASSOCIATION OF THE WAIKATO INSTITUTE OF TECHNOLOGY INC v WAIKATO INSTITUTE OF TECHNOLOGY [2013] NZHC 2440 [18 September 2013]IN THE HIGH COURT OF NEW ZEALANDHAMILTON REGISTRYCIV-2013-419-737[2013] NZHC 2440BETWEEN STUDENTS' ASSOCIATION OF THEWAIKATO INSTITUTE OFTECHNOLOGY INCORPORATEDPlaintiffAND WAIKATO INSTITUTE OFTECHNOLOGYDefendantHearing: On the papersCounsel: DP Shore for plaintiffSW Hood for defendantJudgment: 18 September 2013JUDGMENT OF ASSOCIATE JUDGE FAIRESolicitors: McCaw Lewis, HamiltonNorris Ward McKinnon, HamiltonCopy to: H Pearl, Waikato Times[1] H Pearl, a reporter of the Waikato Times, has lodged a request with the Registrar for a written copy of the statement of claim in this proceeding.[2] The request, I have assumed, is made pursuant to r 3.13.[3] The request was referred to me. I directed that a copy be sent to counsel for the plaintiff and counsel for the defendant and that both were to advise within seven days of the minute whether the request was opposed and, if so, the grounds for the opposition to the request.[4] Counsel for the plaintiff and counsel for the defendant have now filed memoranda. Both advise that they do not oppose Mr Pearl's request. Both submit that a copy of the statement of defence should also be provided to Mr Pearl so that there is a balance of information available. That approach, in my view, is entirely appropriate.[5] Accordingly, I order that the Registrar make available to Mr H Pearl of theWaikato Times a copy of the statement of claim and statement of defence in this proceeding._____________________JA FaireAssociate Judge