New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Particularity in pleadings

Legal area

Court

16 Dec 2020

DONOVAN GROUP NZ LIMITED v REID [2020] NZHC 3367

Citation

[2020] NZHC 3367
Court

High Court

The plaintiff's broad confidentiality case was confined to maturing business opportunities (projects in negotiation as at 25 May 2018); only documents relating to those maturing opportunities found in the seizure are discoverable now; other broadly pleaded categories (customer lists, suppliers, routine designs, software, pricing methodology and marketing methods) were not sufficiently particularised or inherently confidential and are not discoverable at this stage; attachments to legal advice are not automatically privileged unless they were already privileged or meet the narrow Lyell selecti…
17 Sept 2008

GEARY V PSYCHOLOGISTS BOARD AND ANOR HC WN CIV-2007-485-2558

Citation

openlaw-6cc9e4ac_ad58_445a_aa6f_640739225ce3.pdf
Court

High Court

Leave to cross-examine was refused because the plaintiff's allegations of prejudice and pre-determination were general and lacked the necessary particularity, and because cross-examining individual members about the internal decision-making of a collective body is inappropriate; the application to strike out parts of affidavits was also refused because the threshold for striking out was not met and the issues could be addressed at the substantive hearing or by further affidavit or interrogatories.