New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Procedural discovery
  • 23 Nov 2017

    MACKENZIE v MACKENZIE [2017] NZHC 2893

    Citation
    [2017] NZHC 2893
    Court
    High Court

    Defendants were entitled to substantive disclosure of the Pencarrow Trust and estate accounting records; the plaintiff's supplementary affidavit of documents disclosed the relevant trust and estate records and removed the need for further discovery on the defendants' application; the plaintiff did not demonstrate that defendants controlled the missing documents under r 8.19; the plaintiff's broad reciprocal discovery claim was disproportionate and is deferred pending exchange of evidence, with the test for any further orders to be 'necessary for the resolution of the real issues.' Costs on th…