29 Aug 2022
REMEDIATION (NZ) LIMITED v ENVIRO (NZ) LIMITED [2022] NZHC 2155
- Citation
- [2022] NZHC 2155
- Court
- High Court
Internal, single-party communications of Enviro were not discoverable because they were not sufficiently relevant to the pleaded causes of action: they would mainly evidence subjective belief or intention and therefore do not assist the objective tests applied to s 9 FTA or contract interpretation nor satisfy the Firm PI 1 objective background test for establishing fiduciary status. Communications between Enviro and third parties (notably Tauranga City Council and the health and safety auditor) were, however, sufficiently relevant to the pleaded causes (breach of fiduciary duty, misleading or…