New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discovery against non-party

Legal area

Court

19 Jul 2018

RIK STARR ENTERTAINMENT LIMITED and URBAN TOURING LIMITED v BROWN [2018] NZHC 1798

Citation

[2018] NZHC 1798
Court

High Court

Plaintiffs demonstrated a good arguable case, identifiable assets under the defendants' control, and a real risk of dissipation or absconding; given the undertakings provided and the balance of justice, the without‑notice freezing order, ancillary disclosure and non‑party discovery were justified and should be granted in the terms filed.
13 Jun 2013

K B DOBSON v H MILLOY and H R MILLOY & Ors [2013] NZHC 1408

Citation

[2013] NZHC 1408
Court

High Court

Because the plaintiff received the funds on behalf of John Anthony Reid and the defendants demonstrated a relevant interest in the disposition of those funds to their counterclaim and guarantee enquiries, the Court ordered discovery from both the non‑party Reid and the plaintiff; the relevance of the documents justified compulsion despite limited prospective incremental value, with costs as to non‑party compliance reserved and costs against the plaintiff ordered to lie where they fall.