Chambers v Wedd
[2016] NZHC 905
•5 May 2016
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
CIV-2016-441-32 [2016] NZHC 905
BETWEEN CHRISTINE MARIE CHAMBERS
Applicant
AND
DERRICK JAMES WEDD Subject Person
Hearing: On the papers Counsel:
G Mason for Applicant
J P Harding for Subject Person
G J Ferguson for Non-PartiesJudgment:
5 May 2016
JUDGMENT OF WILLIAMS J
[1] There are two applications under the Protection of Personal Property Rights Act 1988. It relates to the applicant’s father who is now 92 years old, is in care and suffers from Alzheimer’s.
[2] At issue was a 2014 transaction in which the father transferred farm land in Maraekakaho to the applicant’s brother. The allegation is the farm was sold at an undervalue to the brother because it did not take into account the potential of irrigation on the property. The father’s capacity at the time of the transaction is the central issue.
[3] There is, in the context of this litigation, an application for non-party discovery. The non-parties are lawyers and accountants who advised the father in the transaction.
[4] The present attorneys for the father have now waived privilege in respect of relevant documents held by the legal and accounting advisors and separate counsel
for the father now also consents to the waiver of confidentiality.
CHAMBERS v WEDD [2016] NZHC 905 [5 May 2016]
[5] The non-parties now officially abide the decision in light of these developments.
[6] It is in order therefore for orders for discovery against the non-parties to be made on the papers and without further formality.
[7] In light of the urgency of this matter balanced against the difficulties Mr Mason now faces due to a fire in his offices, I propose to allow 15 working days for discovery to be completed and then the matter will be set down for a judicial
telephone conference to finalise timetabling to trial.
Williams J
Solicitors:
G Mason, Barrister, Palmerston North
J P Harding, Solicitor, Waipukurau
G J C Ferguson, Gifford Devine, Hastings
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