23 Jul 2021
DEWAKI v KATO [2021] NZHC 1869
- Citation
- [2021] NZHC 1869
- Court
- High Court
The court refused to order the plaintiff to give the requested particulars now. Instead the appropriate exercise of discretion required defendants to amend their statement of defence to include their accounting and to disclose documents; the plaintiff must then file a reply specifying which parts she accepts and, where she rejects, give full particulars for surcharge or falsification. This balances the fiduciary onus on defendants, defendants' possession of records, and the plaintiff's procedural disadvantage as a foreign litigant.