New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discovery undertakings

Legal area

Court

19 Dec 2014

BUSINESS DISTRIBUTORS LIMITED v SIA ABRASIVES AUSTRALIA PTY LIMITED [2014] NZHC 3365

Citation

[2014] NZHC 3365
Court

High Court

The defendant's discovery was insufficient and there were grounds under r 8.19 to believe relevant documents (internal investigation records, meeting notes, management/board minutes, documents underlying decision papers and sales/pricing records) exist or were in control of the defendant or related entities; confidentiality claims were not persuasive to bar inspection by plaintiff's counsel, experts and the plaintiff's director subject to a court undertaking; the defendant must file a supplementary verified affidavit identifying all documents in the specified categories and must specifically…
8 May 2012

ONYX BAR & CAFE (CAMBRIDGE) LIMITED V JANS HC HAM CIV 2011-419-1127

Citation

openlaw-e75f9eb7_cb94_4f1b_8e3c_19b1fa7deae5.pdf
Court

High Court

The deed of indemnity and surrounding facts demonstrated the defendant knowingly participated in and procured the breach of the restraint of trade, knew of the contract, intended to participate in the business and benefit, and provided no justification; therefore on the material before the Court there was no real defence and summary judgment was appropriate subject to resolution of the effect of payments made by Mr Wilson on quantum. The Court also released the plaintiff from any undertaking restricting use of the discovered deed.