New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Loss quantification

Legal area

Court

23 Jul 2021

INTEGRIA HEALTHCARE (NEW ZEALAND) LIMITED v ANTIPODES NEW ZEALAND LIMITED [2021] NZHC 1867

Citation

[2021] NZHC 1867
Court

High Court

On the pleadings as they stood the Antipodes–Johnson & Johnson agreement and documents evidencing sales made by Johnson & Johnson prior to 1 January 2020 were relevant to issues in the proceeding (liability and quantum); because Antipodes placed quantum in issue and confidentiality is not a bar to disclosure, the court ordered tailored discovery of both the agreement and the sales records subject to a protective regime limiting inspection and requiring confidentiality undertakings.
4 May 2018

TRUSTEES EXECUTORS LIMITED v FUND MANAGERS CANTERBURY LIMITED [2018] NZHC 954

Citation

[2018] NZHC 954
Court

High Court

The Court held TEL's pleading of special damages was insufficiently particularised and ordered TEL to provide further particulars because defendants are entitled to know the detailed basis of the loss claim; the Court also found there were reasonable grounds to believe additional loan file documents and the updated BDO Loss Quantification Model existed and were relevant, and ordered TEL to file a schedule/affidavit describing recent discoveries and to confirm or produce the updated loss model; mediation and proposed amended evidence did not excuse satisfying pleading and discovery obligations…