10 Mar 2011
The court refused to grant a blanket sealing order for the five files; instead the judge ordered to review the material within a specified short timeframe and to seal only those parts regarded as confidential, and lifted any prior sealing order if one existed, subject to the new limited sealing approach.
11 Jun 2010
The application for non-party discovery was dismissed because the court was not satisfied the order was reasonably necessary: the likely documents were confidential expert opinions based on publicly available facts, the same information could be obtained by valuers by ordinary methodologies, and ordering discovery would be speculative/fishing and risk prejudice and confusion to the arbitration process.
21 Oct 2009
The court concluded that most of the contested material was relevant and reasonably discoverable under r8.24: the bulk of redactions in RM.157.002 could not be sustained (with narrowly specified exceptions); detailed McKee/Mangahewa production and decision‑making documents and related group documents are relevant to testing Todd's liability and damages case; prior refusal under the former r300 does not preclude fresh orders under r8.24; protective measures can address commercial sensitivity.