Godfrey Waterhouse and Robert John Waterhouse v Contractors Bonding Limited - SC 66/2012

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Summary

Civil appeal – Litigation funding agreement – Law of Maintenance and Champerty ¬– Extent of Court oversight over litigation involving such agreements –Whether Court of Appeal was correct to order disclosure to the defendant of particular details of the plaintiff’s agreement to prevent potential abuse of process ¬– Whether degree of disclosure was appropriate.  [2012]NZCA 399  CA  200/2011

Result

Leave to appeal is granted. The approved questions are:
(i) whether the appellants should be ordered to disclose the litigation agreement to the respondent; and
(ii) if so, on what terms.
14 November 2012
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