16 Dec 2022
ANDREWS v LOMAX [2022] NZHC 3480
- Citation
- [2022] NZHC 3480
- Court
- High Court
The Court required precise evidence that documents exist before compelling further discovery; where parties share access to a repository (Dropbox) the court will not compel duplication absent reason to believe a party holds additional material outside that repository. Because the Lomax Parties plausibly identified documents likely held by the Andrews Parties' accountant, conditional non-party discovery from Mr Townsend was ordered on his written consent, with costs initially borne by the Lomax Parties. The Andrews Parties were directed to clarify by affidavit whether they hold documents outsi…