Cain v Mettrick - [2022] NZHC 258

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2018-409-000548

[2022] NZHC 258

IN THE MATTER
of an application by Crux Publishing

Limited to access court documents pursuant to the Senior Courts (Access to Court Documents) Rules 2017

BETWEEN

R J CAIN and R G LOGAN as liquidators of STONEWOOD HOMES LIMITED (In

Receivership and Liquidation),
STONEWOOD HOMES NEW ZEALAND

LIMITED (In Receivership and Liquidation) and HOLMFIRTH GROUP LIMITED (In

Receivership and Liquidation) Plaintiffs

AND

B A METTRICK

First Defendant

AND

J BOULT

Second Defendant

Hearing: On the papers

Counsel:

R K P Stewart for Applicant M Colson QC for Plaintiffs

W J Palmer for First Defendant
G J Ryan and N J McKessar for Second Defendant

Judgment:

23 February 2022

JUDGMENT OF ASSOCIATE JUDGE PAULSEN

This judgment was delivered by me on 23 February 2022 pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

CAIN v METTRICK (Media Access) [2022] NZHC 258 [23 February 2022]

[1]This judgment concerns a media request for access to the court file.

[2] The plaintiffs are the liquidators of Stonewood Homes Ltd, Stonewood Homes New Zealand Ltd and Holmfirth Group Ltd. The defendants are former directors of the companies. The second defendant (Mr Boult) is presently the Mayor of the Queenstown Lakes District.

[3] The plaintiffs brought this proceeding seeking damages over alleged breaches of directors’ duties and the recovery of remuneration received by the defendants. The claims were defended. The litigation was settled prior to trial and the proceeding discontinued. The terms of the settlement are partially confidential, but the plaintiffs have reported on the settlement in their statutory report dated 19 November 2021.

[4] Crux Publishing Ltd (Crux) publishes an online news website in the Queenstown, Wanaka and Central Otago areas and is a digital member of the New Zealand Media Council.

[5] Crux has applied, pursuant to rr 8 and 11 of the Senior Courts (Access to Court Documents) Rules 2017, for access to, and copies of, the following documents from the court file:

(a)All judgments, orders and minutes, including any record of the reasons given by a judge for the judgment, order or minute concerned.

(b)The pleadings filed by each party.

(c)Any other document in respect of which there is no claim of privacy or confidentiality by any party to the proceeding.

[6] The plaintiffs and the first defendant will abide the decision of the Court on Crux’s request. Mr Boult opposes it.

The Rules

[7] Under s 173(1) of the Senior Courts Act 2016 any person may have access to court information of a senior court to the extent provided by, and in accordance with, rules of court.

[8] The relevant rules are the Senior Courts (Access to Court Documents) Rules 2017 (“the Rules”).

[9] Rule 8(1) gives every person a right to access the formal court record relating to a civil proceeding. This is a civil proceeding.

[10] The term “formal court record” is defined in r…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Cain v Mettrick

Details

AGLC: Cain v Mettrick [2022] NZHC 258
Case: [2022] NZHC 258
Decision Date: 23 February 2022

CaseChat Overview and Summary

In Cain v Mettrick, the liquidators of Stonewood Homes Ltd, Stonewood Homes New Zealand Ltd, and Holmfirth Group Ltd brought proceedings against former directors of the companies, including Mr Boult, the Mayor of the Queenstown Lakes District. The litigation was settled before trial, with the terms of the settlement partially confidential. Crux Publishing Limited, an online news website, applied for access to court documents to report on the settlement. The liquidators and Mr Mettrick did not oppose the application, while Mr Boult opposed it. The key issue was whether Crux should be granted access to the court file beyond the formal court record.

The Court considered the Senior Courts (Access to Court Documents) Rules 2017, which grant every person a right to access the formal court record but allow the Court to grant access to other documents on conditions. The Court noted there was no presumption in favour of disclosure of information and that a balancing of all relevant considerations was required. The Court held that granting Crux access to the pleadings would maintain transparency of the court process and was in the public interest. However, access to other documents, such as procedural applications and supporting evidence, was not appropriate as it would interfere with the protection of confidentiality and privacy interests. The Court granted Crux access to the pleadings, subject to a condition regarding reporting on new allegations in the amended statement of claim.

In conclusion, the Court granted Crux access to the formal court record and the pleadings, but denied access to other documents on the file. This decision was based on a balancing of the relevant factors under the Rules, with a focus on maintaining transparency while protecting confidentiality and privacy interests.

Orders