New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Duty of confidence

Legal area

Court

14 Sept 2022

BREMWORTH LIMITED (FORMERLY CAVALIER CORPORATION LIMITED) v PEBBLEMILL LIMITED [2022] NZHC 2352

Citation

[2022] NZHC 2352
Court

High Court

RYT ought to be joined under r 4.56(1)(b)(i) and (ii) because the claimed confidential information and related enforcement rights derive from arrangements with RYT, and RYT's presence is necessary to effectually and completely adjudicate and settle all issues; the late application was sufficiently explained and any prejudice to defendants is minimal or manageable by conditions including limited amended pleadings, an affidavit of discovery and potential further submissions; accordingly the application to join RYT is granted subject to conditions.
19 Mar 2010

GBR INVESTMENT LTD V S B (PAUL) KEUNG HC CHCH CIV-2009-409-001486

Citation

openlaw-7313d6fb_aea3_4942_863d_0a089daf4713.pdf
Court

High Court

The Court found that apart from a possible limited reference to 'Vault Trust' (for which no retained evidence existed), Buddle Findlay's past instructions were discrete and did not produce confidential information relevant to the Koulanov claims; any 'getting to know you' information that might have existed was rendered public by the defendant's cross-examination in the November 2009 liquidation hearing, eliminating any real or appreciable risk of misuse; accordingly there was no basis to restrain or disqualify Buddle Findlay or Mr Forbes and the interlocutory application was dismissed.