21 Mar 2023
JONES v NEW ZEALAND BLOODSTOCK FINANCE & LEASING LIMITED [2023] NZHC 572 [21 March 2023]
- Citation
- [2023] NZHC 572
- Court
- High Court
The Court refused the orders because the High Court Rules do not grant jurisdiction to compel witnesses to give viva voce evidence at an interlocutory hearing in the manner sought: r 7.27 does not permit forcing attendance; r 9.75 requires an established refusal to swear an affidavit before ordering examination; and r 9.52 subpoenas apply to trials after statement of claim. The applicant also failed to provide necessary affidavits, particulars or timely compliance with directions, so the evidentiary and expert appointment orders were declined.