New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sanctions and costs

Legal area

Court

20 Jul 2023

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v FUJITSU NEW ZEALAND LIMITED [2023] NZHC 1900

Citation

[2023] NZHC 1900
Court

High Court

Application to strike out was dismissed because Dassault's failures, while serious, were not shown to be deliberate and the deleted material, at this interlocutory stage, has not been demonstrated to make a fair trial impossible; strike out is a drastic remedy to be used sparingly and adverse inferences and other remedies at trial are appropriate alternatives, with costs reserved.
12 Nov 2020

HONG v AUCKLAND STANDARDS COMMITTEE NO 5 [2020] NZCA 561

Citation

[2020] NZCA 561
Court

Court of Appeal

The statutory definition of 'trust account records' is sufficiently broad to include client files and documents relevant to trust accounts; reg29 required production and assistance to inspectors notwithstanding client instructions; reg33 protects confidentiality of inspectorate material but does not negate the production obligation; refusal to produce in these circumstances amounted to reckless conduct amounting to misconduct; the Court of Appeal declines leave because no question of law of sufficient general or public importance capable of bona fide and serious argument was demonstrated.