New Zealand Case Law: Decisions & Judgments

Topic

Discovery non-compliance

Legal area

Court

18 Oct 2021

M J DAISLEY v ARK CONTRACTORS LIMITED [2021] NZHC 2780

Citation

[2021] NZHC 2780
Court

High Court

The court awarded 2B scale costs to the successful parties on the basis that the Keller interests were successful in substance; certified second counsel where justified; granted a 10% uplift for the Daisley proceedings due to unpleaded/meritless positions and obstructive conduct (excluding second counsel costs); granted 2B costs to Ark and to the trustees; for the Action Fencing proceeding held Calderbank offer dated 19/20 August 2019 meant costs after that date were payable by the plaintiffs and awarded 2B costs for steps after 19 August 2019 with a 50% uplift (excluding second counsel), and…
29 Apr 2021

FEI (SOPHIE) SUO v QIAO YANG [2021] NZHC 940

Citation

[2021] NZHC 940
Court

High Court

On the balance of probabilities the payments totalling $500,000 were advances forming a loan, the parties executed a loan agreement documenting that loan and its security option, the plaintiff did not elect to take shares and properly demanded repayment, and the defendant failed to repay; judgment entered for the plaintiff for principal, contractual interest from date of demand and statutory post‑judgment interest and costs.
12 Nov 2019

NOE v RATZAPPER AUSTRALASIA LTD [2019] NZHC 2962

Citation

[2019] NZHC 2962
Court

High Court

Stay refused because applicant failed to establish that enforcement would likely cause a substantial miscarriage of justice: he had ample time but made little progress on the subdivision, alleged defamation was unproven and unconnected to enforcement, respondent entitled to enforce its judgment, and delay and absence of alternate means to satisfy the debt weighed against a stay.
28 Mar 2019

SHANGHAI NEUHOF TRADE CO LTD v ZESPRI INTERNATIONAL LTD [2019] NZHC 617

Citation

[2019] NZHC 617
Court

High Court

The court refused to vary the earlier order reserving costs because the evidence (including the Hong affidavit) did not remove the 'special reasons' for reserving costs; unresolved issues about control and obtainability of VAT returns and whether Zespri's requests were disproportionate meant costs should remain reserved until trial. The court granted an increase in security for costs because both respondents lack New Zealand assets, enforcement of a New Zealand costs judgment in China is uncertain and costly, the trial allocation increased to six weeks, and Zespri's likely costs justified upl…
2 Nov 2016

SCC v SAMSUNG [2016] NZHC 2630

Citation

[2016] NZHC 2630
Court

High Court

The consent order was made and filed under r 25.54 rather than following a judicial determination under r 5.45; the plaintiff did not concede inability to pay; the circumstances relied on by the defendant (pre‑existing loss of business and discovery disputes) did not constitute a material change in circumstances nor justify varying the agreed security; the defendant's delay and foreseeability of discovery disputes foreclosed variation; accordingly the application to increase security is dismissed and the consent order remains in force.
27 Jul 2016

Moore v Guardian Tree and Landscape Ltd [2016] NZHC 1720

Citation

[2016] NZHC 1720
Court

High Court

The District Court judge erred in law and failed to take into account relevant considerations: the appellants were not given a reasonable opportunity to be heard; the sanctions imposed were disproportionate to the non-compliance; the judge overlooked the limited scope of the discovery order and the requirement for company representation; and opposing counsel's memorandum was not served — accordingly the appeal is allowed and the District Court judgment set aside.
15 Jul 2016

JOHNSON v JOHNSON [2016] NZHC 1606

Citation

[2016] NZFLR 634
Court

High Court

The High Court has jurisdiction under s7 and s33 of the Property (Relationships) Act 1976 to order a NZD lump sum to equalise relationship property despite the bulk of assets being offshore and placed in a trust; a set‑off of the smaller NZ assets against the larger offshore amount is required and the order is properly expressed in New Zealand dollars; interest is payable on the net amount from 1 March 2011 at the average annual bank term deposit rates published on interest.co.nz up to the judgment date; costs are awarded to the applicant on the High Court 2B scale with a 50% uplift for disco…
10 Apr 2014

ENDEAVOUR GLASS PACKAGING LTD v FRASER [2014] NZHC 756

Citation

[2014] NZHC 756
Court

High Court

Evidence from forensic accountant (Weber) and former employee (McNeilage), supported by bank records, established that GCS received $4,613,000 from EGP/EPP to which it was not entitled; Fraser engineered and facilitated those transfers in breach of his statutory and common law duties, and therefore both GCS and Fraser are liable to repay $4,613,000 to the plaintiffs with interest and costs.
13 Mar 2014

ENDEAVOUR GLASS PACKAGING LTD v FRASER [2014] NZHC 463

Citation

[2014] NZHC 463
Court

High Court

Adjournment was refused because the defendants had failed to comply with existing discovery orders and the disputed ledger materials were within the defendants' control or should have been obtained in satisfying discovery obligations; the plaintiffs would be prejudiced and court scheduling harmed, and the changed quantum arose from the reconciliation exercise central to the pleaded case.
15 May 2012

PREMIER EVENTS GROUP LIMITED V BEATTIE & ORS HC AK CIV 2010-404-003178

Citation

openlaw-76cfd6d6_ba50_4511_9b1f_35cfa8e8e183.pdf
Court

High Court

The Court declined to vary the November 2010 consent discovery order to adopt the new discovery regime, held the defendants had failed to comply with existing discovery orders, ordered specific further discovery (detailed accounting, contractual and management records) by a fixed deadline, refused an immediate 'unless' striking order (but warned that non-compliance would produce an unless order), declined the defendants' applications for particular discovery of PEG's telephone records and for joinder of the Robert Gill Trust, granted PEG leave to discontinue against the ninth defendant and or…