26 Nov 2009
TODD POHOKURA LTD V SHELL EXPLORATION NZ LTD AND ANOR CA CA571/2009
- Citation
- openlaw-7bf83293_bec1_44f9_8b48_a9af2705e232.pdf
- Court
- Court of Appeal
The Court dismissed the appeal because the challenged interrogatories were open-ended, omnibus and oppressive, only marginally relevant to the pleaded invalidity and Commerce Act causes of action, amounted to fishing, and were unnecessary given imminent exchange of written evidence; likewise the Judge did not err in refusing particular discovery because Todd failed to establish the necessary evidential foundation under r 8.24 and the Judge properly balanced relevance against burden in the exercise of discretion.