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| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA436/2018 [2019] NZCA 133 |
| BETWEEN | MEDIAWORKS TV LIMITED |
| AND | BRYAN DOUGLAS STAPLES |
| Hearing: | 21 February 2019, further submissions received on 8 April 2019 |
Court: | Miller, Asher and Clifford JJ |
Counsel: | J G Miles QC and T F Cleary for Appellants |
Judgment: | 3 May 2019 at 10 am |
JUDGMENT OF MILLER, ASHER AND CLIFFORD JJ
AThe application for an extension of time to apply for a review of the Associate Judge’s decision is granted.
BWe determine the review sitting as a full court of the High Court.
CThe application to file a memorandum supporting the judgment on other grounds is granted.
DThe review is allowed.
EThe High Court order to direct disclosure without redactions is quashed.
FThe effect of allowing this review is that the part of the High Court judgment directing the disclosure of each of the documents in part 3 of the schedule to their affidavits without redactions is declined, but only to the extent that the documents or parts of them identify the informants who have provided the documents to Mediaworks.
GIn all other respects issues of the adequacy of discovery remain open and are not determined by this review. It is open to the respondents to seek a further hearing in relation to the discovery issues that have not been determined, or to bring another application in relation to discovery. In particular, the issue of whether the documents do in fact fall into the category of protected documents under s 68(1) remains open.
HThe respondents are jointly and severally liable to pay one set of costs to the appellants on a 2B basis under the High Court Rules 2016 and usual disbursements.
The costs orders made by the Associate Judge in the High Court are quashed. If the parties cannot agree on those High Court costs, the issue should be determined in the High Court in accordance with this judgment.
____________________________________________________________________
REASONS OF THE COURT
(Given by Asher J)
Introduction
The issue that is raised before us is whether the appellants as journalists are entitled to invoke the statutory protection of sources provided for in s 68(1) of the Evidence Act 2006. The appellants are the media company, Mediaworks TV Ltd, together with two journalists who were employed by Mediaworks at the relevant time, Kate McCallum as a television producer, and Tristram Clayton as a journalist (for convenience we will refer to all three as Mediaworks).
The first respondent Bryan Staples is a director of the second respondent, Claims Resolution Service Ltd (Claims Resolution). Mr Staples and Claims Resolution are engaged in the business of assisting claimants in bringing claims for those who suffered damage to their properties in the Canterbury earthquakes of 2010…
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- Case
- [2019] NZCA 133
- Decision Date
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