Mountainview Developments Limited v Harford HC Auckland CIV 2006-404-007657

[2008] NZHC 2264

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2006-404-007657

BETWEEN  MOUNTAINVIEW DEVELOPMENTS LIMITED & ANOR

Plaintiff

ANDMALLOY GOODWIN HARFORD & ANOR

Defendant

Hearing:         16 April 2008

Appearances: D Bigio for Plaintiffs

B Easton for Defendants

Judgment:      17 April 2008 at 9.30 am

JUDGMENT OF ASSOCIATE JUDGE ROBINSON

This judgment was delivered by me on 17 April 2008 at 10.30 am

Pursuant to Rule 540(4) of the High Court Rules

Registrar/Deputy Registrar

Solicitors:           Grimshaw & Co, PO Box 6646, Auckland

D Bigio, Barrister, P O Box 2133, Auckland

Enterprise Legal Centre, PO Box 39-123, Lower Hutt

MOUNTAINVIEW DEVELOPMENTS LIMITED & ANOR V MALLOY GOODWIN HARFORD & ANOR HC AK CIV 2006-404-007657  17 April 2008

[1]      The defendants apply for non-party discovery under r 302. The persons they seek discovery from are as follows:

a)        N Norrie

b)        Cindy Norrie

c)        MacDonald Veagh Limited d)  Price Waterhouse Coopers

[2]      Pursuant to r 302 (3) the application must be served on each of the above non-parties. At this stage counsel for the defendant can only prove service on Cindy Norrie. She has instructed Messrs Sainbury Logan and Williams Solicitors of Napier to act on her behalf. They are not opposing the application but do seek costs under r

303. Counsel for the defendants consents to such an order for costs.

[3]      In the circumstances, there will be an order for non-party discovery in terms of the application against Cindy Norrie. There is also an order requiring the defendants to pay Cindy Norrie’s costs in complying with the order. Such order for costs is made under r 303.

[4]      At the request of counsel for the defendants, the application for non-party discovery against all other parties is adjourned for hearing at 9.30 am on 1 May

2008. Counsel for the defendants should ensure that proof of service is available in time for that hearing.

Further Directions

a)        By consent  leave is  granted  to  the plaintiffs  to  file  and  serve  an amended statement of claim on or before 18 April 2008.

b)Leave is also reserved for the plaintiff to file an application for further and better discovery on or before 30 April 2008.

c)        These proceedings have been allocated a fixture in June 2009.

d)       I direct that the proceedings be set down for hearing in early February

2009 with the standard trial directions.

e)       I direct that the registrar allocate a date for a settlement conference before an Associate Judge . That date should be after the last week in September 2008.

f)        Any further directions arising out of any application made by the plaintiff for further and better discovery or the amended statement of claim being filed by the plaintiff will be considered at the hearing of

the application for non-party discovery on 1 May 2008.

Associate Judge Robinson