New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discovery on appeal

Legal area

Court

9 Dec 2016

BRAND v REGISTRAR OF COMPANIES [2016] NZHC 2983

Citation

[2016] NZHC 2983
Court

High Court

An appellant under s 370 of the Companies Act has no general entitlement to discovery; discovery on appeal is exceptional and will only be ordered where the statutory context or special circumstances justify it; no special circumstances justified discovery in this case and the interlocutory application was therefore declined.
15 Sept 2006

GIBSON V COMPLAINTS ASSESSMENT COMMITTEE HC AK CIV 2005-404-7353

Citation

openlaw-c8c5d899_8490_41c9_b6d0_7a4faee5b778.pdf
Court

High Court

The High Court has jurisdiction on an appeal under Part 10 to order particular discovery under r300 or to give directions under r430(7)(e), but will exercise that power only in special circumstances where the documents are relevant and necessary; applying that test, respondent must produce the bills of costs, narrations and particulars of hours and rates within seven days, and the appellant is granted limited leave to adduce those disclosed documents as further evidence by affidavit.