17 Jun 2016
V J MADSEN-RIES & H D LEVIN AS LIQUIDATORS OF GENERATION FOODS LIMITED (IN LIQUIDATION) v FONTERRA BRANDS (NEW ZEALAND) LIMITED [2016] NZHC 1305
- Citation
- [2016] NZCCLR 6
- Court
- High Court
Particular discovery in an originating application will only be ordered in rare, marginal cases where the court has genuine difficulty and discovery would likely assist; here Fonterra conducted searches and provided significant disclosure, the liquidators' assertions of withheld documents were speculative, the amount at stake was modest and the costs/time of further discovery disproportionate, therefore the application for particular discovery was dismissed.