18 Mar 2021
MAU WHENUA INCORPORATED v WAYNE THOMAS MULLIGAN, JOHN FREDERICK COFFEY, HOLDEN HOHAIA, TOA WOODBINE POMARE, MAHINA HABEER-PUKETAPU, KIM SKELTON, PAORA JENKINS-MEPHAM and HUIA PUKETAPU [2021] NZHC 558
- Citation
- [2021] NZHC 558
- Court
- High Court
The court held that an immediate release from the r 8.30(4) undertaking to permit transfer of discovered documents to new counsel was not appropriate on the memoranda before it; parties must first attempt a documented party agreement allowing collateral use, and if none is reached plaintiffs must file an interlocutory application with affidavits detailing the proposed new proceeding, new counsel and factual connection to the discontinued proceeding; r 8.30(4) operates as a statutory constraint on r 4.4.1 and leave will be granted only where reasons (including close factual nexus or other spec…