26 Mar 2018
SHANGHAI NEUHOF TRADE CO LTD v ZESPRI INTERNATIONAL LTD [2018] NZHC 559
- Citation
- [2018] NZHC 559
- Court
- High Court
The court found on the evidence the plaintiffs had not breached clause 11 or clause 17 of the interim discovery orders because they took reasonable and documented steps via Shanghai counsel; however clause 18 was engaged because the formal requests under clause 17(c) and 17(d) were unsuccessful, so the plaintiffs were ordered to take the specified steps under clauses 18(a) and 18(c) and to file an affidavit regarding any non-China bank accounts. The strike out and unless orders were refused as disproportionate and unnecessary in the absence of contumacious conduct; costs were reserved to be d…