IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2022-485-157
[2024] NZHC 3363
BETWEEN ANTHONY AND WENDY BEVERLEY & ORS
PlaintiffsAND
DC ONE H1 LIMITED & ORS
Defendants
CIV-2023-485-47 BETWEEN
DRYLANDCARBON GP ONE LIMITED & ORS
Plaintiffs
AND
WILLIAM JAMES WATERHOUSE LECKIE & ORS
Defendants
CIV-2024-485-152 BETWEEN
PHEASANT TAIL HOLDINGS LIMITED
Plaintiff
AND
ANTHONY MONTGOMERY BEVERLEY & ORS
Defendants
Hearing: 2 October 2024 Counsel:
M G Colson KC, K J Dobbs and M R M Gale for Plaintiffs (CIV- 2022-485-157 and CIV-2023-485-47) and for Defendants (CIV- 2024-485-152)
A S Olney, O C Gascoigne and C J Houlahan for Defendants
(CIV-2022-485-157 and CIV-2023-485-47) and for Plaintiff (CIV- 2024-485-152)
Judgment:
12 November 2024
JUDGMENT OF RADICH J
BEVERLEY v DC ONE H1 LTD [2024] NZHC 3363 [12 November 2024]
Table of Contents
Background [3]
A. Plaintiffs’ application for further and better discovery [5]
Legal framework [5]
The touchstone for assessment – the issues in the proceeding [8]
The documents sought [9]
Specific repositories [10]
Documents contained in the personal email accounts of Messrs
Morrison, Leckie and Jacobs [10]
Documents contained on or extractable from mobile phones in thepossession of the defendants [13]
Documents in the possession of third party service providers to the defendants (over whose documents the defendants have power,
possession or control) [15]
Documents stored locally on computers in the possession of the
defendants [18]
Further documents or classes of documents sought for discovery [20] Documents related to the Lewis Tucker resourcing proposal in 2021 [20]
Documents related to the plan to remove Mr Beverley from the
day-to-day business of Drylandcarbon [24]
Communications with Paul Foley [34]
Documents related to the development and marketing of Forest
Partners LP [43]
Documents relating to the offer of equity to Mr Jacobs [75]
Meeting agendas and minutes [89]
Documents relating to the Malvern Hills investigation [99]
Documents relating to the “HortCo” fund [103]
KPMG briefing material [105]
Standalone documents where related documents have not beendiscovered [107]
Documents relating to internal correspondence between the defendants regarding any of the media articles relating to the proceedings [108]
Document preservation orders [109]
Affidavit of document orders [113]
Redactions [118]
B. Plaintiffs’ application to set aside defendants’ claims to confidentiality [125]
Confidentiality arrangements [130]
Relevant principles [135]
Is the information confidential? [140]
Balancing the prejudice to each party [147]
Conclusions [156]
Outcome [157]
C. Defendants’ application for further and better discovery by plaintiff [158] Costs [160]
[1] The plaintiffs1 seek a range of orders for further and better discovery against the defendants2 and to set aside claims to confidentiality made by the defendants over discovered documents.
[2] This decision deals methodically with the many points that are in contention. Orders are made progressively throughout the decision, in italicised font.
Background
[3] The factual background to these three inter-related proceedings is set out in my decision of 23 May 2024 in which I made orders that they should be heard together. I will not repeat it…
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- Case
- [2024] NZHC 3363
- Decision Date
CaseChat Overview and Summary
The Court's decision provides a detailed and methodical approach to addressing the discovery issues, balancing the interests of the parties and the principles of confidentiality with the need for transparency and fairness in the litigation process. The decision also highlights the importance of proportionality and the just, speedy, and inexpensive determination of proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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