31 May 2013
PERPETUAL TRUST LIMITED & ANOR v MAINZEAL PROPERTY AND CONSTRUCTION LIMITED [2013] NZHC 1260
- Citation
- [2013] NZHC 1260
- Court
- High Court
The court applied the Peruvian Guano relevance test rather than the narrower adverse documents test and held that plaintiffs must disclose documents directly or indirectly relevant or likely to lead to lines of inquiry; on review specific requests were assessed and discovery ordered for the Co-Ownership Deed (20 August 2002) and the Asset Management Agreement relating to BTC (request 12 and 15) because they could reasonably lead to relevant inquiries about responsibility for inspections and attribution of knowledge, while other requests (including 5,6,7,10) were declined as not shown to be di…