26 Sept 2003
E A M BURNS AND Y J BURNS V THE NATIONAL BANK OF NEW ZEALAND LIMITED And Anor CA CA159/02
- Citation
- openlaw-b93fa9c0_c3b5_44ea_9937_212ff7c9ba8d.pdf
- Court
- Court of Appeal
Summary judgment was refused because there was a reasonably arguable defence that settlement was induced by the trial judge's assessment and counsel's advice such that the undisclosed documents would not necessarily have changed the outcome; an independent tort of spoliation (intentional or negligent, first- or third-party) is not to be recognised in New Zealand because existing procedural, evidentiary and criminal remedies and policy considerations (finality of litigation, uncertainty of harm, risk of increased and speculative litigation and burdensome retention practices) outweigh the incre…