10 Apr 2017
CRAIG v SLATER & Anor [2017] NZHC 740
- Citation
- [2017] NZHC 740
- Court
- High Court
Where electronic documents that may be relevant to issues in dispute have been deleted, the High Court may, under HCR 9.34, order inspection of identified computers and devices by a party's nominated expert to determine whether material can be retrieved; such inspection may be observed by the other party's expert and subject to confidentiality and procedural conditions, and any retrieved documents are then subject to normal discovery obligations. HCR 8.3 imposes a preservation obligation but the appropriate practical remedy here is controlled expert inspection rather than an open general orde…