Woolley v Marlborough District Council

[2023] NZHC 2995

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CIV-2020-406-015

[2023] NZHC 2995

IN THE MATTER

of the Resource Management Act 2003

BETWEEN

PHILIP JOHN WOOLLEY

Plaintiff

AND

MARLBOROUGH DISTRICT COUNCIL

Defendant

Hearing:

On the papers

Counsel:

P A Morten and M A Robertson for Plaintiff

A C Harpur and S C M Waalkens for Defendant

Judgment:

26 October 2023

JUDGMENT OF ASSOCIATE JUDGE PAULSEN

(Results)

This judgment was delivered by me on 26 October 2023 at 9.30 am pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date:

WOOLLEY v MARLBOROUGH DISTRICT COUNCIL [2023] NZHC 2995 [26 October 2023]

[1]                 There is before the Court an application by the plaintiff challenging the defendant’s claims to privilege, for additional discovery and for an unless order (the discovery application).

[2]                 The discovery application first came before me for hearing on 22 May 2023 but was adjourned part-heard. For reasons I need not go into, the resumed hearing has been delayed but is now scheduled for 30 October 2023.

[3]                 On 21 September 2023, the plaintiff filed an application for leave to cross-examine Kathleen McIlveney and Shelley Lines on affidavits made by them on 3 August 2023 in opposition to the discovery application.

[4]                 At a telephone conference with counsel on 13 September 2023, I timetabled the filing of the defendant’s notice of opposition to the application to cross-examine along with the parties’ submissions in anticipation of dealing with the matter on the papers in the week commencing 23 October 2023.

[5]The parties have now filed submissions, which I have considered.

[6]                 Due to other commitments this week I am not going to be able to issue a fully reasoned judgment prior to the hearing of the discovery application on 30 October 2023. I have therefore decided to issue this results judgment with my reasons to follow.

Result

[7]                 The plaintiff’s application for leave to cross-examine dated 21 September 2023 is dismissed.

[8]                 I will issue my reasons at the same time as I issue judgment on the discovery application.

[9]Costs are reserved.

O G Paulsen Associate Judge

Solicitors:

Wisheart Macnab & Partners, Blenheim Rice Speir, Auckland