Authors: Kelly Paterson, Ben Walker 
Published: 30 May 2022
Pages: 24

Introduction

The following is intended to be a practical guide to select aspects of the High Court Rules (HCR), including Part 8 (Discovery) and Part 19 (Originating Applications), and strike out/summary judgment. We have chosen these aspects because junior and intermediate practitioners (towards whom this paper is pitched) will find themselves grappling with these issues in any busy civil litigation practice on a relatively regular basis. We will also cover recent amendments to the Rules and recent cases of interest.
Included are some practical tips for navigating the approach to each and to assist with keeping the decision maker (often an Associate Judge) content, which is key to getting what you want, what your client needs and what they are paying for.
In preparation, Ben was lucky enough to have an hour of Associate Judge Lester’s time. During his career at the bar, Associate Judge Lester practised with reference to an informal list of “dos and don’ts” applicable to interactions with the courts and other counsel. These are cordially referred to around Christchurch as “Lester’s laws”. We would like to pass them off as our own and certainly adopt them where we can. Several of them are referred to below because they will stand you in good stead. The observations we make about the HCR, however, are our own and not those of His Honour!

Content outline

• Discovery
• Part 19 - Originating Applications
• Summary judgement and strike out
• Recent rules amendments
• Recent cases of interest
• High Court Rules reform