1 Oct 2021
DU PREEZ v KELLY [2021] NZHC 2611
- Citation
- [2021] NZHC 2611
- Court
- High Court
The Court declined to order passports and refused to compel witnesses or a non-party to create handwriting samples pre-proceedings: discovery cannot be used to create non-existent documents, r 9.34 inspection orders are available only in the context of an existing proceeding or where issues are already apparent, and the inherent jurisdiction was not an appropriate basis to grant the intrusive pre-commencement relief sought; the applicant must commence proceedings and use the Rules to obtain evidence if necessary.