New Zealand Case Law: Decisions & Judgments

Topic

Pre‑proceeding discovery

Legal area

Court

30 Oct 2017

CHRIS DE RUYTER PAINTING LIMITED (IN LIQ) v ASB BANK LIMITED [2017] NZHC 2515 [30 October 2017]

Citation

[2017] NZHC 2515
Court

High Court

Because the trustees failed to cooperate with pre-action documentary requests, necessitating a discovery application that materially contributed to successful substantive claims, costs follow the event and the applicant is entitled to costs against the second and third respondents in the sum claimed; liability of Mr Shaw is limited to trust assets available for distribution.
28 Jul 2010

ALEXANDER AND ORS V MAYNE WETHERELL AND ORS HC AK CIV 2009-404-7781

Citation

openlaw-cded2a6b_9fb0_42e4_a6e9_3f1364bc71be.pdf
Court

High Court

The presumption that costs follow discontinuance applies; the originating application was inapt and the applicants had not established a clear statutory basis for the broad inspection sought, such that respondents were entitled to costs. The confusing and fishing nature of the application and the additional work caused justified categorising Mayne Wetherell and the receivers at 2C with a 50% uplift and awarding other respondents costs at 2B (with uplift where specified).
11 Oct 2006

LUSTY & BLUNDELL LTD V A LUSTY AND ANOR HC AK CIV 2006-404-4237

Citation

openlaw-0d01d410_d05b_425a_97fb_fa51aaf6857f.pdf
Court

High Court

The court held that a pre‑proceeding discovery application under r301 is an interlocutory application not a 'proceeding' for the purposes of r131; therefore the defendants' appearance under protest was ineffective and premature and must be set aside, and the r301 process should proceed with directions including filing a draft statement of claim and timetabling of opposition and hearing.

New Zealand Case Law

CHRIS DE RUYTER PAINTING LIMITED (IN LIQ) v ASB BANK LIMITED [2017] NZHC 2515 [30 October 2017]

ALEXANDER AND ORS V MAYNE WETHERELL AND ORS HC AK CIV 2009-404-7781

LUSTY & BLUNDELL LTD V A LUSTY AND ANOR HC AK CIV 2006-404-4237