15 Jun 2023
ROEBUCK v LIDDLE [2023] NZHC 1479
- Citation
- [2023] NZHC 1479
- Court
- High Court
The plaintiffs failed to establish the 'special circumstances' required by r 7.28 to order attendance for cross-examination of the third defendant's deponents; the affidavit explanations and supplementary evidence (including solicitor affidavit) provide sufficient material for the Court to assess the discovery default and the strike-out application without viva voce cross-examination; therefore cross-examination was not necessary to avoid injustice.