New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discovery and proportionality

Legal area

Court

5 Dec 2017

ABANO HEALTHCARE GROUP LTD v HEALTHCARE PARTNERS HOLDINGS LTD [2017] NZHC 3003

Citation

[2017] NZHC 3003
Court

High Court

Judge ordered targeted and proportionate discovery: Healthcare Partners must disclose documents in categories sought by Abano (expectations, engagement terms and responses) where relevant; Abano must discover documents evidencing, for each service provider (categories 2–10) the written instructions or recorded oral instructions, contracts, deliverables from the provider, and, to the extent available, time spent, fees charged, and personnel/rates; internal Abano correspondence beyond records of instructions was generally disproportionate and refused except limited additional disclosure for For…
18 Mar 2014

WALKER v GIBBSTON WATER SERVICES LIMITED AND ORS [2014] NZHC 494

Citation

[2014] NZHC 494
Court

High Court

Associate Judge's refusal of discovery was correct because applicants had not obtained leave under s284 nor shown they fell within classes entitled to seek directions; the Court should not invoke inherent jurisdiction to circumvent statutory limits; applicants lacked a credible evidential foundation for allegations that the liquidator acted in bad faith and the discovery sought was not relevant or proportionate and would be prejudicial and a late fishing exercise.