IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY
CIV-2012-418-000005 [2015] NZHC 615
UNDER the Property Law Act 2007 BETWEEN
GREY DISTRICT COUNCIL Applicant
AND
DOUGLAS BANKS First Respondent
CHRISTINE SANDRA BANKS Second Respondent
Hearing: 24 March 2015 Appearances:
J Shackleton and J Pannett for the Applicant
Mrs C S Banks, in person, on behalf of the RespondentsJudgment:
31 March 2015
JUDGMENT OF ASSOCIATE JUDGE MATTHEWS
[1] This is an application for further discovery in relation to two documents.
[2] The Court issued a judgment in this proceeding on 19 June 2013. It issued a second judgment on 5 September 2013 in relation to costs. Mr and Mrs Banks have appealed the costs judgment to the Court of Appeal. The appeal will be heard in July.
[3] For the purpose of arguing their appeal, Mr and Mrs Banks make application for discovery of two further documents:
(a) an affidavit sworn by Mr P G Pretorius, the Chief Executive of the Grey
District Council (the Council), dated 9 August 2002. This document
GREY DISTRICT COUNCIL v BANKS [2015] NZHC 615 [31 March 2015]
was sworn and filed for the purposes of a separate proceeding between the same parties; and
(b) an internal report of the Council titled “Blaketown Leases – a way
forward” dated 10 August 2009.
[4] Mr and Mrs Banks initially approached the Court of Appeal seeking an order that the Council provide these documents to them for this purpose. According to Mr and Mrs Banks, the response of the Court of Appeal, through the Registrar, was that application should be made to the High Court pursuant to a reservation of leave at the time discovery orders were made, prior to the trial in this court. Mr and Mrs Banks have applied accordingly.
[5] The Council opposes the making of the orders sought by Mr and Mrs Banks on three grounds:
(a) The affidavit of Mr Pretorius is already in the case on appeal before the
Court of Appeal.
(b)This court is functus officio having delivered final judgment on all aspects of this case.
(c) The Council report is privileged.
[6] By the time this case was argued, the differences between the Council and Mr and Mrs Banks in relation to the affidavit of Mr Pretorius had been resolved. The affidavit is in the case on appeal, though subject to an objection as to admissibility. On 26 February the solicitors for the Council advised Mr and Mrs Banks that the Council was prepared to withdraw its objection as to admissibility. Mr and Mrs Banks were invited to indicate that that would be acceptable, so this part of the application would not require preparation and presentation. That indication was not given until the beginning of the hearing before me. Leaving aside questions of costs, no further issue arises in relation to this document.
[7] Therefore, only issues (b) and (c) remain for determination.
Is this Court functus officio?
[8] Before trial of this proceeding, procedural orders were made by…
Keep reading for free
Create a free CaseChat account to read Grey District Council v Banks and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] NZHC 615
- Decision Date
CaseChat Overview and Summary
The respondents were ordered to pay the Council's costs on a 2B basis plus disbursements fixed by the Registrar.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.