Shell Exploration NZ Limited v Todd Pohokura Limited

[2008] NZCA 95

IN THE COURT OF APPEAL OF NEW ZEALAND

CA 452/07
[2008] NZCA 95

BETWEENSHELL EXPLORATION NZ LIMITED

Appellant

ANDTODD POHOKURA LIMITED

First Respondent

ANDOMV NEW ZEALAND LTD

Second Respondent

Hearing:21 April 2008

Court:Baragwanath, Randerson and Priestley JJ

Counsel:L Taylor and P V Cornege for Appellant

A S Olney and R A Kirkness for First Respondent
T C Stephens for Second Respondent

Judgment:21 April 2008 

ORAL JUDGMENT OF THE COURT GIVEN BY BARAGWANATH J

[1]       The appeal has been resolved on the basis recorded in the following orders:

(a)There will be an order that the first respondent provide to the solicitors for the appellant and second respondent documents recording:

(i)The weekly actual production figures for McKee and Mangahewa from 1 March 2006 to the present.

(ii)The 12 month forecast of future production in 2008 and any subsequent years.

(iii)The weekly availability reports from 1 March 2006 to the present.

(b)The solicitors for the first appellant and for the second respondent undertake to the Court that they will hold the documents so received in confidence and provide them and any information derived from them only to counsel and to experts following the latter’s undertaking to maintain confidentiality, in particular to withhold the information from the appellant and the first respondent and their directors, servants agents and other advisers.

(c)It is recorded that the application under r 300 is amended by deletion of the words “or relating to” and that the present order is without prejudice to and does not adjudicate upon the original application in respect thereof.  That topic is the subject of a current application to the High Court which alone has jurisdiction over that matter.

(d)It is acknowledged by the appellant and the second respondent that, by consenting to this order, the first respondent makes no concession that documents held by Todd Taranaki Ltd are in its possession or control and that Todd Taranaki Ltd has agreed to supply them at the request of the first respondent without accepting any legal obligation to do so.

[2]       Costs will lie where they fall.

Solicitors:

Minter Ellison Rudd Watts, Wellington for Appellant
Russell McVeagh, Wellington for First Respondent
Simpson Grierson, Wellington for Second Respondent