New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disclosure/production of documents

Legal area

Court

3 Dec 2019

ADDLEMAN v LAMBIE TRUSTEE LTD [2019] NZCA 609

Citation

[2019] NZCA 609
Court

Court of Appeal

The stay was granted because the balance of convenience favoured preserving the effectiveness of the applicant's prospective appeal (risk that orders for production of documents would be rendered nugatory), the leave application was advanced bona fide, no relevant third party prejudice existed, and appropriate conditions (judgment sealing and refund of costs) could protect the successful party's interests.
6 Sept 2019

THE COMMISSIONER OF INLAND REVENUE v LIVINGSPACE PROPERTIES LIMITED[2019] NZHC 2213

Citation

(2019) 25 PRNZ 124
Court

High Court

The Court refused to join the additional parties as formal parties but granted them rights of audience and service in relation to the liquidator's renewed disclosure application; recorded the liquidator's undertaking to refrain from enforcement steps pending resolution so no formal stay was required; found FTG Securities had not established creditor status for leave under s 284(1); and held the Court retains inherent jurisdiction to entertain leave applications by persons outside s 284(1) but such leave must be sought and will be granted only where threshold criteria akin to s 284 are met (fi…