25 Nov 2013
WESTPAC NEW ZEALAND LTD v ADAMS [2013] NZHC 3113
- Citation
- [2013] NZHC 3113
- Court
- High Court
The Court held Ingrid would have had to discover the specified brix specifications, cash flow forecasts and forward price projections if it were a party because those documents are in its control, are relevant to the Adams' experts' assessment of lost profits and comparability between Edzell and Ingrid operations, and the limited scope of documents sought is proportionate; accordingly an order for non-party discovery was made and costs were allocated against Ingrid for the application with compliance costs payable by the Adams on a solicitor/client basis.