28 Jun 2018
NZ IRON SANDS HOLDINGS LIMITED v TOWARD INDUSTRIES LIMITED [2018] NZHC 1571
- Citation
- [2018] NZHC 1571
- Court
- High Court
The Court declined the separate questions and the non-party discovery application. A preliminary separate hearing was refused because correct interpretation of clause 15 required consideration of the factual matrix and negotiation history, there was real risk of evidential overlap and demarcation difficulties, potential for duplicative hearings and appeals, and uncertain time savings. The non-party discovery application was refused as premature and unnecessary because relevant documents should be obtainable from parties under tailored discovery and the application risked being a fishing exped…