17 May 2023
HITA v HITA [2023] NZHC 1190
- Citation
- [2023] NZHC 1190
- Court
- High Court
The court exercised its discretion under r 8.21 to grant limited non‑party discovery from MSD because specified records were relevant to the plaintiff's Family Protection claim regarding her financial position, but refused broader discovery as irrelevant to the probate issues of undue influence and will validity and as potentially an abuse of process; disclosure was limited to occupancy authority and MSD financial assistance/payments to the plaintiff between 1 January 2019 and 30 December 2020, with MSD to file a list of documents by 12 June 2023 and MSD's costs of compliance to be paid by th…