New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discovery/fishing expedition

Legal area

Court

13 Feb 2023

JINDAL v LIQUIDATION MANAGEMENT LIMITED [2023] NZHC 183

Citation

[2023] NZHC 183
Court

High Court

Leave to appeal was refused because the applicant failed to identify any arguable error of law or fact in the earlier judgment, lacked standing or a proper public interest justification to pursue the claims on behalf of the 133 companies, the claims were speculative and meritless absent particularisation, and the order for staged security for costs was properly made.
4 Apr 2011

VINCENT STREET TRUSTEE LIMITED V MASON HC AK CIV 2009-404-008269

Citation

openlaw-f9c31eee_32fc_481a_a4fc_c9b19f37635d.pdf
Court

High Court

There was no evidential foundation that OPM had authority from VSTL to arrange finance or to bind VSTL in respect of financing or solicitor engagement; available evidence showed OPM acted as marketing/sales agent only and managed a team of independent service providers for purchasers; absent specific authority it is commercially implausible to treat OPM as 'standing in the shoes' of VSTL or as an 'agent to know'; the Masons' allegations were speculative and insufficient to defeat summary judgment, so judgment was entered for VSTL.