12 Jul 2022
CAVALIER CORPORATION LIMITED v PEBBLEMILL LIMITED [2022] NZHC 1639
- Citation
- [2022] NZHC 1639
- Court
- High Court
The application to permit the defendants' nominated expert to inspect the plaintiff's machines was granted because the plaintiff's allegations of lack of independence did not meet the high threshold required to exclude expert evidence at the pre‑trial stage; questions about independence go to weight and can be explored at trial; the expert's sworn retirement and confidentiality undertakings provided sufficient protection against misuse of confidential information, and an order under r 9.34 permitting reciprocal inspection on specified terms was appropriate.