Lamont v Malishus Limited (NZ) (No 4)

In the matter of *Lamont v Malishus Limited (NZ) (No 4)*, the applicant sought discovery from the respondent before being required to respond to a request for particulars of an amended statement of claim and before filing a defence. The application was heard by Judge Manousaridis.

The central legal issue before the court was whether it was appropriate or necessary to order discovery at this stage of the proceedings, prior to the applicant providing particulars and filing a defence.

Judge Manousaridis dismissed the applicant's application for discovery. The court's reasoning, though not detailed in the provided text, indicates a determination that discovery was not warranted or required at this preliminary juncture in the litigation, before the pleadings were fully settled. The court applied principles of civil procedure concerning the timing and necessity of discovery in relation to the progression of pleadings.

The court ordered that the applicant's application for discovery filed on 23 November 2020 be dismissed, and the costs of that application were reserved.