New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Readiness and ability to perform

Legal area

Court

2 Dec 2009

AAA DEVELOPMENT (ORMISTON) LIMITED V ORMISTON GROUP LIMITED HC AK CIV 2008-404-002616

Citation

openlaw-0bcdb253_4936_4618_b1d1_e15b876c6aa9.pdf
Court

High Court

The plaintiff's financial ability to perform at the relevant times is relevant to the remedies and relief available under the Contractual Remedies Act 1979 and therefore documents concerning the plaintiff's funding and financial position are discoverable; defendant's discovery application is granted and plaintiff must produce the specified documents within twenty working days.
12 Jun 2008

SOUTHBOURNE INVESTMENTS LTD V GREENMOUNT MANUFACTURING LIMITED HC AK CIV 2005-404-6675

Citation

openlaw-c9be3fa8_eb4a_4a49_90a7_f72915e2c29b.pdf
Court

High Court

The court held that the applicant met the r 300 threshold for a reasonable probability that relevant undisclosed documents exist and that discovery is necessary; ordered respondent to provide further and better discovery limited to documents bearing on cleared funds at the relevant time (including deposit slips, timing of credits, documents evidencing the asserted overdraft arrangement and loan/finance documentation required by the bank between 31 Oct and 24 Nov 2005) and ordered respondent to answer specified interrogatories (including nos.1,5,5.1,6 and 7); established that the r 300 test is…