IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-2066
BETWEEN RHH LIMITED
First Plaintiff
JOSEF CHRISTOPHER ROBERTS
Second PlaintiffAND
SANDRINE ANDERSON
First Defendant
HELICE PROPERTIES LIMITED
Second Defendant
Hearing: 9 August 2018 at 2:15pm Appearances:
K Davenport QC and P Devereux for the Plaintiffs L Taylor QC and E Watt for the Defendants
Judgment:
9 August 2018
ORAL JUDGMENT (No.3) OF ASSOCIATE JUDGE R M BELL
Plaintiffs’ application for interrogatories
Solicitors:
Corporate Counsel (P Devereux), Parnell, Auckland, for the Plaintiffs
Grove Darlow & Partners (TJG Allan/SF Powrie), Auckland, for the Defendants Haigh Lyon (B Molloy), Auckland, for Ms Miriam Roberts
Copy for:
Kate Davenport QC, Auckland, for the Plaintiffs Les Taylor QC, Wellington, for the Defendants
Robert Hollyman, Auckland, for Ms Miriam Roberts, non-party
RHH LIMITED v ANDERSON (No.3) [2018] NZHC 2045 [9 August 2018]
[1] This decision is on the plaintiffs' application for leave under r 7.7 of the High Court Rules to apply for the defendants to answer interrogatories after the close of pleadings date. The rule says:
No statement of defence or amended pleading or affidavit may be filed and no interlocutory application may be made or step taken after the close of pleadings date without the leave of a Judge.
[2] The close of pleadings date was 23 July 2018. On 2 August 2018, the plaintiffs filed an application for the defendants to answer interrogatories. On 3 August 2018, I directed that the application was to be heard today.
[3] The plaintiffs served a notice to answer interrogatories on 29 June 2018. That was the same day they filed an amended statement of claim. The notice required the defendants to answer within 14 working days. The time for complying with the notice accordingly expired on 19 July 2018. The defendants filed a statement of defence to the new statement of claim on 13 July 2018, but did not respond at all to the notice to answer interrogatories. No correspondence from solicitors has been put in evidence. It is common ground that there was no formal answer to the notice. At a hearing on 30 July 2018, counsel for the plaintiffs advised me that there was an outstanding interrogatories matter.
[4] I give some of the procedural background. At the start of the proceeding I directed both parties to complete discovery by 28 February 2018. The plaintiffs indicated that they would apply for non-party discovery. I directed that any interlocutory applications were to be filed and served by 16 March 2018, with notices of opposition to be filed by 29 March 2018. I directed that any further interlocutory applications would be heard at the same time as the application for non-party discovery. That was in my minute of 8 December 2017. In my minute of 15 December 2017, I gave trial directions with the close of pleadings dated fixed at 23 July 2018.
[5] The defendants filed an affidavit of documents in February…
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- Case
- [2018] NZHC 2045
- Decision Date
CaseChat Overview and Summary
The court considered the plaintiffs' application on the basis that there might be merit in the application for interrogatories. The court noted that the close of pleadings date is intended to ensure that the pleadings have been completed and all interlocutory matters have been addressed, so that the parties can focus on preparing for the hearing. The court also noted that the plaintiffs had delayed in serving the interrogatories, which were delivered only four weeks before the close of pleadings date. The court held that the plaintiffs had taken a chance in delivering the interrogatories so close to the close of pleadings date and that it was unlikely that the defendants would have been able to provide adequate answers even if they had responded. The court further held that the plaintiffs had the opportunity to serve the interrogatories earlier in the case and that delivering them so close to the close of pleadings date was disruptive. The court accordingly dismissed the plaintiffs' application for leave to apply for interrogatories after the close of pleadings date. The court directed the parties to file memoranda on costs by specified dates.
In summary, the court held that the plaintiffs' application for leave to apply for interrogatories after the close of pleadings date was disruptive and untimely, and that the plaintiffs had not followed the proper procedural steps. The court dismissed the application and directed the parties to file memoranda on costs.
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