IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV-2012-409-000754 [2015] NZHC 2317
BETWEEN J B MACKINTOSH AND M C HALL
First Plaintiffs and Counterclaim
DefendantsAND
M W REED Second Plaintiff
AND
S T REED Third Plaintiff
AND
P D THOMAS
First Defendant and CounterclaimantAND
E M MARR Second Defendant
AND
A M SYME Third Defendant
Hearing: 14 September 2015 Appearances:
N A Till QC and S Mann for Applicant (Second Plaintiff) K W Clay for Applicant (Third Plaintiff)
J W A Johnson and H T Shaw for Respondents (First
Defendant)(Attendances of counsel for other parties and beneficiaries excused)
Judgment:
23 September 2015
JUDGMENT OF ASSOCIATE JUDGE OSBORNE AS TO PARTICULAR DISCOVERY
J B MACKINTOSH AND M C HALL v M W REED [2015] NZHC 2317 [23 September 2015]
[1] Until now the parties to this litigation have through their required co- operation satisfactorily advanced through the discovery and inspection process without the need for Court orders. 1
[2] This judgment deals with a small number of discovery issues which the parties have been unable to resolve.
The proceedings
[3] The proceedings concern the extended family of the late Norman Thomas. The existence of the various (consolidated) proceedings reflects the degree of estrangement and competing interests which arise between the family members. I shall refer to the various people, after first identifying them, by their first names.
[4] In his lifetime, Norman became a farmer in a substantial way on the outskirts of Christchurch.
[5] Amongst his interests, Norman owned in his own right two rural blocks involved in this litigation, which I will refer to as “Chesmars” and “Yaldhurst”.
[6] Norman had three children, namely Philip Thomas, Eleanor Marr and Alison
Syme.
[7] Norman farmed in partnership with Philip from the 1970s (a partnership known as “NT Farming”) and co-owned with Philip a number of blocks initially as joint tenants but now as tenants-in-common in equal shares.2 Two of these blocks, I will refer to as “Cridges” and “Halkett”.
[8] Two of Norman’s grandchildren, namely Mark Reed and Simon Reed (the sons of Alison Syme) were involved in farming work on properties owned by Norman either fully or with a part-interest. Mark was involved on Yaldhurst and
Halkett. Simon was involved on Chesmars and Cridges.
1 High Court Rules, r 8.2(1).
2 The severance of the joint tenancies is discussed in a judgment of this Court: see Thomas v Thomas HC Christchurch CIV-2011-409-2514, 14 December 2011; the judgment being subject to further orders in Thomas v Thomas HC Christchurch CIV-2011-409-2514, 19 December 2011.
[9] Some of the matters which follow are set out in the judgment of Dunningham J in Mackintosh v Thomas, in which the Court made interim orders.3 By those orders Mark has remained in possession of Halkett and Simon has remained in possession of Cridges.
[10] In 2010, Norman and Philip fell out. Norman gave a notice of dissolution of the NT Farming partnership resulting in its dissolution as at 3 March…
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