13 Sept 2006
COMMERCE COMMISSION V TELECOM CORPORATION OF NEW ZEALAND LIMITED AND ANOR CA CA198/05
- Citation
- openlaw-c2795803_ff49_4401_b672_08bcbacb810b.pdf
- Court
- Court of Appeal
The Court held that the High Court had jurisdiction to order cost‑shifting but Wild J erred by failing to expressly consider Telecom's failure to preserve accessible electronic records; because Telecom failed to preserve potentially relevant material when it knew litigation was likely, Telecom must bear the cost of the sample electronic discovery and the High Court order requiring 50/50 cost sharing was varied accordingly.