Vector Gas Contracts Limited v Contact Energy Limited

[2014] NZHC 3102

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2014-485-10564 [2014] NZHC 3102

IN THE MATTER

of an application pursuant to article 27 of the First Schedule of the Arbitration Act

1996 for non-party discovery

BETWEEN

VECTOR GAS CONTRACTS LIMITED First Applicant

VECTOR GAS LIMITED Second Applicant

SHELL (PETROLEUM MINING) COMPANY LIMITED

Third Applicant

TODD PETROLEUM MINING COMPANY LIMITED

Fourth Applicant

AND

CONTACT ENERGY LIMITED First Respondent

GENESIS ENERGY LIMITED AND OTHERS

Second Respondents

GREYMOUTH PETROLEUM HOLDINGS LIMITED AND OTHERS Third Respondents

MIGHTY RIVER POWER LIMITED AND OTHERS

Fourth Respondents

OMV NEW ZEALAND LIMITED AND ANOTHER

Fifth Respondents

TRUSTPOWER LIMITED AND ANOTHER

Sixth Respondents

VECTOR GAS CONTRACTS LIMITED v CONTACT ENERGY LIMITED [2014] NZHC 3102 [5 December 2014]

MITSUI E&P AUSTRALIA PTY LIMITED

Seventh Respondent

NEW ZEALAND OIL & GAS LIMITED AND OTHERS

Eighth Respondents

ORIGIN ENERGY NEW ZEALAND LIMITED

Ninth Respondent

ORIGIN ENERGY RESOURCES NZ LIMITED AND OTHERS

Tenth Respondents

Hearing:

2 December 2014

Counsel:

B A Scott for First and Second Applicants
L J Taylor QC with A P Parker for Third Applicant
D J Cooper with K J Dobbs for Fourth Applicant

T C Stephens with S J Fairbrother for First, Second, Third, Fifth and Ninth Respondents

L Clark for Seventh Respondent (abides)
No appearance for Fourth, Sixth, Eighth and Tenth Respondents

Result
Judgment:

5 December 2014

RESULT JUDGMENT OF THE HON JUSTICE KÓS (Non-party discovery)

[1]      Urgency necessitates delivery of my result judgment today.    Reasons for judgment will be delivered next week.

Result

[2]      The application for non-party discovery is granted.

[3]      The scope of discovery orders will conform to Schedule 1 of the application as amended at the hearing.

[4]      The confidentiality orders accompanying the discovery orders will conform to Schedule 2 of the application as amended at the hearing, with the following

further amendments:

(a)	Approved Persons at the firms of solicitors acting for the applicants will be individually identified (other than in the case of support staff),
and will be confined to members of the firms’ litigation departments.
(b)	Approved Persons assisting the experts in cl 3.1(b) of Schedule 2 will be individually identified (other than in the case of support staff).
(c)	Each  Approved  Person  is  to  provide  an  executed  undertaking conforming to cl 1.5 of Schedule 2.
(d)	If access to documents is given in error to any non-Approved Person, that  fact  and  the  circumstances  associated  with  access  are  to  be
notified immediately to all other parties to the present application, together with counsel appointed pursuant to (e) hereof.
(e)	Respondents  in  the  present  application  may  appoint  single  joint counsel to represent their interests at  the arbitration to the extent
reasonably   necessary   to   ensure   the   protection   of   confidential information disclosed to the arbitral tribunal and Approved Persons.
The  applicants  are  to  ensure  adequate  rights  of  audience  for respondents’ counsel before the tribunal.
[5]	The	applicants shall meet the respondents’ reasonable costs associated with

providing the discovery ordered, including costs incurred in accordance with (e)

above.

[6]      Leave is reserved to apply further to vary these orders, to the extent necessary to carry their intent into effect.

[7]      Costs in the present application are reserved.  Memoranda may be filed, by the applicants by 30 January 2015, and by the respondents by 13 February 2015.

Stephen Kós J

Solicitors:

Chapman Tripp, Wellington for First and Second Applicants
Minter Ellison Rudd Watts, Wellington for Third Applicant

Bell Gully, Wellington for Fourth Applicant

Simpson Grierson, Wellington for First, Second, Third, Fifth and Ninth Respondents

Kensington Swan, Wellington for Seventh Respondent