New Zealand Case Law: Decisions & Judgments

Topic

Protective undertakings

Legal area

Court

17 Sept 2018

R McDONALD CO NEW ZEALAND LTD v MAVERICKS GROUP LTD [2018] NZHC 2439 _x000b_

Citation

[2018] NZHC 2439
Court

High Court

Court ordered a limited, pragmatic regime: documents to be categorised into supplier-interface and customer-facing categories; plaintiff director and agents denied access to supplier-interface documents but allowed access to customer-facing documents and accounting records; identifying indicia (names, addresses, phone numbers) of suppliers and customers may be redacted in all documents; supplier-interface documents may also have date redactions and be grouped by year; inspection by plaintiff director and experts is permitted only after signing a detailed confidentiality undertaking; defendant…
20 Jan 2017

LOW HOCK & ORS v ROTHSCHILD TRUST (SCHWEIZ) AG & ORS [2017] NZHC 25

Citation

[2017] NZAR 288
Court

High Court

The Court exercised its s 51 power to replace the current trustees because it was expedient and necessary to protect trust assets at real risk of forfeiture by default in foreign proceedings, the current trustees were unwilling to act and there was no practical means to effect substitution without court intervention, and the proposed trustees provided satisfactory undertakings to the Court.
9 Jun 2009

RM GIBSON AND ANOR V RJ CURTIS HC WN CIV 2007-485-907

Citation

openlaw-461f1af5_3877_4769_add9_9dae36e1264a.pdf
Court

High Court

Because the plaintiffs and defendant had effectively equal success on the interlocutory application, the plaintiffs acted reasonably in seeking a court determination given the contractual confidentiality and potential serious consequences of breach, and the defendant's offer of limited inspection did not render the plaintiffs' application unreasonable, the proper exercise of discretion is that costs should lie where they fall; therefore the defendant's application for costs is dismissed.

New Zealand Case Law

R McDONALD CO NEW ZEALAND LTD v MAVERICKS GROUP LTD [2018] NZHC 2439 _x000b_

LOW HOCK & ORS v ROTHSCHILD TRUST (SCHWEIZ) AG & ORS [2017] NZHC 25

RM GIBSON AND ANOR V RJ CURTIS HC WN CIV 2007-485-907