New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Informal discovery

Legal area

Court

22 Nov 2023

NELLIES v MARK [2023] NZHC 3320

Citation

[2023] NZHC 3320
Court

High Court

First defendants were entitled to costs on their interlocutory application for particular discovery but not the full amount claimed because plaintiffs did not formally oppose the application, plaintiffs provided informal discovery before the conference, the unless order sought was not obtained, and the conference covered multiple issues; award fixed at 50% of claimed 2B costs plus filing fee, totaling $2,270.50 plus $500 disbursements.
13 Mar 2008

WHAKATANE DISTRICT COUNCIL V BAY OF PLENTY REGIONAL COUNCIL HC ROT CIV-2007-463-000606

Citation

openlaw-b27a0d60_48ec_429c_90cf_7777ad95113f.pdf
Court

High Court

Where a legally privileged document was inadvertently disclosed in the context of informal discovery under urgent timetabling, the recipient had constructive notice that the document was of a type subject to privilege and equity can impose an obligation of confidence preventing its use; respondent acted promptly to retrieve the document and leave to file the late affidavit to rely on the disputed document is refused and copies must be returned.