New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unless orders (rule 7.48)
  • 16 May 2023

    DOWNEY v QUIRK [2023] NZHC 1181

    Citation
    [2023] NZHC 1181
    Court
    High Court

    The Court refused broad further particular discovery based on insufficient grounds and proportionality; accepted the defendant's evidence that the specific 16 April 2018 email does not exist; declined to make an unless order because non-compliance appeared inadvertent or a difference of view rather than flagrant disobedience; but ordered specific remedial directions and consent measures (amendment of affidavit of documents to comply with rules, steps to provide access to preserved hard drive data, conferral on bank/trust statements, joint Privacy Act requests, further enquiries of named third…