New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Debarring for non-compliance with discovery

Legal area

Court

8 Dec 2021

WULFF v DEMARCO [2021] NZHC 3353

Citation

[2021] NZHC 3353
Court

High Court

The plaintiff was the successful party across the identified proceedings and steps; the steps for which costs were claimed were reasonable and properly itemised; accordingly costs on a Category 2B basis are awarded in the amounts claimed, with any further costs in relation to specified outstanding issues to be dealt with after the event.
18 Dec 2018

Noe v Ratzapper Australasia Ltd [2018] NZCA 597

Citation

[2018] NZCA 597
Court

Court of Appeal

The appeal is dismissed because the appellants failed to prove they were deprived of the opportunity to be heard through no fault of theirs; the obligation to provide discovery rested on the appellants and their non-compliance was persistent and deliberate, justifying debarment; enforcement of the award is not contrary to New Zealand public policy and upsetting enforcement for counsel error would undermine finality of arbitration.