22 Aug 2013
PAUGRA HOLDINGS LTD (In Liquidation) v HARVESTFIELD HOLDINGS LTD [2013] NZHC 2200
- Citation
- [2013] NZHC 2200
- Court
- High Court
Application under r7.28 to require attendance for cross-examination dismissed because conflicts of affidavit evidence in interlocutory proceedings do not of themselves constitute the 'special circumstances' required by r7.28; sufficient contradictory affidavit material existed to challenge credibility without cross-examination and practical difficulties (foreign deponent, translation, video-link) weighed against ordering attendance; directions given for a fresh affidavit in Chinese and a translator's affidavit and limits on further evidence.
- Caveat
- Undertaking as to damages
- Interim relief pending appeal
- Freezing order/security for costs analogy
- Cross-examination of affidavit under r7.28
- Resource consent lapse (s125 rma)