New Zealand Case Law: Decisions & Judgments

Topic

Discovery scope

Legal area

Court

7 Jul 2021

PATEL v DUNBAR [2021] NZHC 1687

Citation

[2021] NZHC 1687
Court

High Court

Further discovery was ordered as specified in the schedule: Dunbar to provide the identified documents within 20 working days; Patel must identify all business-related email accounts and mobile numbers from 1 January 2019 and permit a Dunbar-nominated forensic inspection under r 9.34; the application to discover minors' bank accounts was dismissed as irrelevant; confidentiality protections were imposed on extracted material and leave reserved for further applications.
14 Jun 2021

COMMERCE COMMISSION v VIAGOGO AG [2021] NZHC 1398

Citation

[2021] NZHC 1398
Court

High Court

Internal subjective intentions are irrelevant to the statutory objective test under the FTA, but narrowly drawn internal documents that plausibly show consumer reactions (here, quarterly reports to the Head of Product excluding financial information) are discoverable; certain broad categories should be subject to a relevance test; the Commission's proposed specific reservation clause was unnecessary and omitted; discovery must be completed within a proportionate timeframe (6 Sept 2021).
11 Mar 2020

COMMONS v COMMONS [2020] NZCA 49

Citation

[2020] NZCA 49
Court

Court of Appeal

Leave to appeal was declined because the High Court correctly applied orthodox discovery principles; the discovery sought into historical inter vivos gifts and trust dispositions was neither necessary nor proportionate to resolve the family protection and trust claims given the size of the estate and available affidavit evidence; no seriously arguable error of law was demonstrated and no pressing need for intrusive pre-trial tracing was shown.
28 Mar 2018

FOCUS CONSTRUCTION INTERIORS LTD v SPACEWORKS DESIGN GROUP LTD [2018] NZHC 570

Citation

[2018] NZHC 570
Court

High Court

Application for particular discovery allowed in part: court ordered defendants to verify and produce (by affidavit) existence or past possession of relevant contracts and electronic communications (excluding text and instant messages) relating to out-of-Auckland "full projects" and projects where Spaceworks' involvement was joinery or furniture supply for the period 8 February 2010 to 18 July 2016; pre-2010 documents, defendants' personal financial records and broad banking/management accounts were not ordered because they were not sufficiently relevant or would be disproportionate.
7 Aug 2012

MU V BODY CORPORATE 312421 HC AK CIV-2011-494-4768

Citation

openlaw-4ba5da59_2fae_4211_b3b3_72fa9cf9e284.pdf
Court

High Court

Paras 28-41 of the first defendant's amended statement of defence were struck out for lack of the necessary immediate and necessary nexus to the declaratory relief sought; paragraph 27 was retained as arguably relevant to the validity of the meeting and discovery was ordered limited to documents relevant to paragraph 27 with leave reserved for further affidavits and directions for hearing and costs.
16 Dec 2009

INTELLECTUAL PROPERTY DEVELOPMENT CORPORATION PTY LIMITED AND ANOR V PRIMARY DISTRIBUTORS NEW ZEALAND LIMITED AND ORS HC AK CIV-2006-404-4695

Citation

openlaw-fd27455a_5961_42a3_8557_c3ec9354eb0a.pdf
Court

High Court

Because entitlement to an account of profits had already been established and the account hearing requires full evidence and oral testimony, the court refused a separate preliminary hearing as disproportionate and potentially wasteful; further discovery from plaintiffs was declined as marginally relevant and disproportionate given the modest sums at issue; defendants were ordered to provide specified discovery and file detailed briefs and submissions on a set timetable and all substantive issues will be determined at the single account of profits hearing.
15 May 2009

WORLDWIDE NZ LLC AND ANOR V QPAM LIMITED AND ORS HC AK CIV 2006-404-1827

Citation

openlaw-e6866ad8_1d70_4f2e_84ba_c07e5f247435.pdf
Court

High Court

The Court directed that the trial issues will include the fair market value of Worldwide's interest as at 26 April 2006 and a discrete issue as to Worldwide's interim rights if Jacobsens do not pay; QPAM must make discovery sufficient to capture documents relevant to valuation including specified files and documents disclosed to QPAM's valuer and those from the 2005 derivative proceeding, with the appropriate temporal reach extended to about April 2007 to capture post-valuation events that may illuminate expectations at the valuation date; the Court refused to appoint a court expert because t…
19 Apr 2007

HODGSON AND ANOR V SIEMER AND ORS HC AK CIV 2005-404-1808

Citation

openlaw-4235b045_7baa_4fdd_a150_6e6529daca47.pdf
Court

High Court

Struck out specified passages of the statement of defence because they were irrelevant, scandalous, contradictory or an abuse of process; set photocopying cost at 30 cents per page as an interim rate; directed defendants to provide particulars that identify where supporting facts appear in the publications or assert they were generally known; ordered amendment to paragraph 3.2(b) to make clear particulars are relied on for honest opinion not truth; refused broad further discovery requests as irrelevant and limited further disclosure to a specific affidavit concerning a disputed email (documen…
23 Nov 2006

MIRO PROPERTY HOLDINGS LIMITED V LING 2 INVESTMENTS LIMITED HC WN CIV-2003-485-1322

Citation

openlaw-7f70e84a_2fdf_4817_b654_ede8360bf8a9.pdf
Court

High Court

Applying the wide Peruvian Guano relevance test the Court held that documents relating to the Brazilian Embassy fitout loan, rent review materials, specified contractor/maintenance and contract files, and the full monthly management reports for May 2001–December 2002 are relevant and must be discovered; inspection of tenant and administration files by the Court is ordered and privilege issues may be raised separately.