Clayton v Currie

The plaintiffs in Clayton v Currie [2016] NZHC 2815 sought relief from the consequences of their non-compliance with unless orders made in relation to discovery. The defendants sought the striking out of the plaintiffs' claims for special damages and other consequences of non-compliance. The key legal issue was whether the plaintiffs had sufficiently complied with the unless orders. The Court held that four of the plaintiffs had not complied with the unless orders, and as a result their claims for special damages were struck out. The remaining two plaintiffs were granted relief from the consequences of their non-compliance, and were allowed to pursue their claims for damages other than special damages. The Court reserved costs pending further submissions by the parties.