ORDER PROHIBITING ACCESS, DISCLOSURE OR PUBLICATION OF SCHEDULES 11 AND 13 OF THE SUPPLY AGREEMENT. ACCESS TO THE COURT FILE IS TO BE DECIDED BY A JUDGE (NOT A REGISTRAR) AS PER PARAGRAPHS [29] AND [32] HEREIN.
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2017-404-248 [2017] NZHC 1378
BETWEEN ZESPRI GROUP LIMITED
Plaintiff
AND
SOUTHLINK SUPPLY LIMITED Defendant
Hearing: 13 June 2017 Appearances:
M Russell and S Waalkens for the Plaintiff
S J Corlett for the DefendantJudgment:
26 June 2017
JUDGMENT OF ASSOCIATE JUDGE R M BELL
This judgment was delivered by me on 26 June 2017 at 3:00pm
pursuant to Rule 11.5 of the High Court Rules
………………………………………………….
Registrar/Deputy Registrar
Solicitors:
Meredith Connell, Auckland, for the Plaintiff
Brookfields, Auckland, for the Defendant
ZESPRI GROUP LIMITED v SOUTHLINK SUPPLY LIMITED [2017] NZHC 1378 [26 June 2017]
[1] In this product contamination case, Zespri Group Ltd applies for summary judgment on liability only. Zespri’s case is that Southlink Supply Ltd supplied it with contaminated kiwifruit. Some potentially affected kiwifruit had been shipped overseas when the contamination was discovered. It dumped the off- shore kiwifruit. It sues for loss of revenue and disposal costs alleging breach of contract and breach of duty of care. It applies for summary judgment on liability only for breach of contract. While it says that it can prove breach of contract on a summary judgment basis, it accepts that all issues beyond that, including causation, damage and relief, are not suitable for summary judgment.
[2] Rule 12.3 of the High Court Rules provides that the court may give judgment on liability and direct a trial on the issue of the amount if the party applying for summary judgment satisfies the court that the only issue to be tried is one about the amount claimed. As to summary judgment, the principles are well settled In Krukziener v Hanover Finance Ltd the Court of Appeal re-stated
them:1
[26] … The question on a summary judgment application is whether the defendant has no defence to the claim; that is, that there is no real question to be tried. … The Court must be left without any real doubt or uncertainty. The onus is on the plaintiff, but where its evidence is sufficient to show there is no defence, the defendant will have to respond if the application is to be defeated. … The Court will not normally resolve material conflicts of evidence or assess the credibility of the deponents. But it need not accept uncritically evidence that is inherently lacking in credibility as, for example, where the evidence is inconsistent with undisputed contemporary documents or other statements by the same deponent, which is inherently improbable.
… In the end, the Court’s assessment of the evidence is a matter of judgment. The Court may take a robust and realistic approach where the facts warrant it.
[27] …[T]he defendant need not file a statement of defence. The onus remains on the plaintiff, and summary judgment will be denied if…
Keep reading for free
Create a free CaseChat account to read Zespri Group Ltd v Southlink Supply Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] NZHC 1378
- Decision Date
CaseChat Overview and Summary
The final orders of the court were as follows:
1. Summary judgment on liability was granted to Zespri Group Limited against Southlink Supply Limited for the breaches of contract specified in the judgment.
2. Schedules 11 and 13 of the supply agreement were not to be accessed, disclosed, or published.
3. Any application for access to the court file was to be decided by a Judge, not by a Registrar, and was to be made only on notice to the parties.
4. The Registrar was to allocate a case management conference for directions to be given for the rest of the proceeding. Ahead of the conference, the parties should confer as to discovery and other case management directions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.