New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Possession vs tenancy
  • 19 Oct 2023

    XU v MENG [2023] NZHC 2915

    Citation
    [2023] NZHC 2915
    Court
    High Court

    The Court refused discovery for tracing the destination and use of defendants' income as irrelevant and disproportionate where plaintiffs sought only monetary relief and made no proprietary tracing claim; plaintiffs were not entitled to discovery on issues not engaged by their pleading (commercial rent) but the Court ordered limited, proportionate discovery: defendants must produce bank statements evidencing income received from the Property and redacted bank statements evidencing payments to plaintiffs; plaintiffs must produce mortgage loan documents and documentation of outgoings (invoices/…