New Zealand Case Law: Decisions & Judgments

Topic

Confidentiality order

Legal area

Court

15 May 2020

MCVEIGH v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 1018 [15 May 2020]

Citation

[2020] NZHC 1018
Court

High Court

The interlocutory injunction was refused because the applicants failed to show the high threshold required to restrain a call on performance/retention bonds: there was no allegation or evidence of fraud, no strong prima facie case that the bond did not respond to the demand, no demonstrated unconscionability, and the bond and contract terms unambiguously permitted a demand on the occurrence of an Insolvency Event irrespective of termination disputes; moreover contractual remedies and the commercial purpose of bonds weighed against injunction.
9 Jun 2009

RM GIBSON AND ANOR V RJ CURTIS HC WN CIV 2007-485-907

Citation

openlaw-461f1af5_3877_4769_add9_9dae36e1264a.pdf
Court

High Court

Because the plaintiffs and defendant had effectively equal success on the interlocutory application, the plaintiffs acted reasonably in seeking a court determination given the contractual confidentiality and potential serious consequences of breach, and the defendant's offer of limited inspection did not render the plaintiffs' application unreasonable, the proper exercise of discretion is that costs should lie where they fall; therefore the defendant's application for costs is dismissed.
27 Nov 2003

E v Accident Compensation Corporation

Citation

[2003] NZACC 306
Court

District Court

Because the assessor Dr Fenwicke was a duly appointed medical assessor who applied the AMA Guides and her supplementary report showed PTSD had been taken into account, and because there was no compelling evidence from an appropriately qualified expert to rebut her assessment, the Court accepted her impairment assessment which, after deduction of the prior lump sum, left the combined whole person impairment below the 10% threshold required for an independence allowance.

New Zealand Case Law

MCVEIGH v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 1018 [15 May 2020]

RM GIBSON AND ANOR V RJ CURTIS HC WN CIV 2007-485-907

E v Accident Compensation Corporation