19 Dec 2019
WHITE AND THE PERSONS LISTED IN SCHEDULE 1 v JAMES HARDIE NEW ZEALAND [2019] NZHC 3459
- Citation
- [2019] NZHC 3459
- Court
- High Court
Where attribution of documents to particular defendants is material to the pleaded issues and it is reasonably possible to do so, the literal requirements of rr 8.15 and 8.24 must be enforced: defendants must file sworn affidavits of documents identifying documents in their control (or a joint affidavit that attributes documents to specific defendants). Bare assertions of impossibility are insufficient; detailed evidence explaining storage, cataloguing and forensic limitations is required before individual attribution can be excused.