New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Over-discovery

Legal area

Court

22 Aug 2017

OXYGEN AIR LIMITED v LG ELECTRONICS AUSTRALIA PTY LIMITED [2017] NZHC 1857

Citation

[2017] NZHC 1857
Court

High Court

The court ruled that documents solely revealing LG's internal profits, margins and profitability (categories 28 and 29) are not relevant because an account of profits remedy is not available on the pleaded causes of action; therefore those highly confidential documents need not be inspected. Other Part 3 documents relevant to liability and plaintiff's loss (prices, quantities, sales records) must be made available to plaintiff's lawyers, experts and, subject to a confidentiality undertaking, to the plaintiff's director. Defendant must provide translations of its internal coding; relisting of…
6 Mar 2014

NZX LIMITED v RALEC COMMODITIES PTY LIMITED [2014] NZHC 376

Citation

[2014] NZHC 376
Court

High Court

The Court found Ralec had substantially over-discovered and ordered Ralec to re-list its discovered documents applying a narrower relevance test consistent with r 8.7 and r 8.23, directing a new list by 2 May 2014; the Court granted NZX an additional $10,000 security for costs payable by 4 April 2014 but declined broader security for significant prospective disbursements; the Court authorised access to NZX confidential documents by specified counsel (including named NZ and Australian counsel once admitted) subject to usual undertakings; the Court refused orders requiring disclosure of Bell Gu…