26 Sept 2017
L&M COAL HOLDINGS LIMITED v BATHURST RESOURCES LIMITED [2017] NZHC 2333 [26 September 2017]
- Citation
- [2017] NZHC 2333
- Court
- High Court
Bathurst failed to discharge the burden of proof that CT holds confidential information material to the dispute or that there is more than a negligible risk of disclosure; the available evidence showed limited prior engagement, lack of identified confidential disclosures, effective segregation and assurances that those now acting never accessed Bathurst files; any breaches of Client Care Rules were technical and not material; and delay/tactical considerations weighed against intervention — therefore the application to disqualify CT was dismissed.