WorldClear Limited v T1 Holdings Limited [2018] NZHC 1728 (13 July 2018)

Last Updated: 20 July 2018

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2018-419-149 [2018] NZHC 1728

BETWEEN	WORLDCLEAR LIMITED Plaintiff
AND	T1 HOLDINGS LIMITED Defendant

Hearing:	On the papers at Hamilton
Judgment:	13 July 2018

JUDGMENT OF POWELL J

[Access to Court Documents]

This judgment was delivered by me on 13 July 2018 at 3.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

WORLDCLEAR LIMITED v T1 HOLDINGS LIMITED [2018] NZHC 1728 [13 July 2018]

[1] Victoria Young, a reporter with the National Business Review, has applied “to view all documents on this file including but not limited to any statement of claim, defence, minutes or supporting affidavits”.

[2] Ms Young’s application provides:

We have viewed the judgment in this matter and wish to report on Richard Whitham’s business dealings. Being able to view the file would assist with this.

The case is already in the public arena (see NZ Herald coverage attached) and being able to view the file will help give more detail of what has happened.

As I am based in Auckland, should my request be granted, I would a copy of the documents sought as I cannot come to the registry to view them.

[3] The application is not opposed by the plaintiff, the only party to have taken steps.

[4] Having considered Associate Judge Smith’s judgment I am satisfied there is no issue with regard to confidentiality arising and that in accordance with the principle of open justice access should be granted.

[5] Access for the purposes of the Senior Courts (Access to Court Documents) Rules 2017 is however limited to enabling a person “to search, inspect, or copy under the supervision of an officer of the Court”. As a result jurisdiction does not exist for the Court to simply provide a copy of the file to Ms Young. Thus while permission is hereby granted to Ms Young to access this file she will have to make arrangements with the Registry so as to “search, inspect, or copy under the supervision of an officer of the Court”.








Powell J