The liquidators of Stonewood Homes Ltd, Stonewood Homes New Zealand Ltd and Holmfirth Group Ltd, are claiming damages — reported to be of more than $28million — from former company directors Mr Boult and B.A. Mettrick for alleged breaches of directors’ duties.
Mr Boult has applied for a stay of the proceeding on the ground that it is an abuse of process.
That application is to be heard on Monday.
Judge Paulsen noted the general public is not admitted to hearings in chambers except where the judge allows.
A matter of procedure must be heard in chambers, unless a judge orders otherwise.
Judge Paulsen said the ‘‘particulars’’ of a hearing in chambers and the decision may be published ‘‘unless a judge or registrar directs otherwise’’.
‘‘Generally, this is sufficient to meet the principles of open justice,’’ he said.
‘‘At the preliminary stage, principles of privacy and confidentiality have greater weight than at a substantive hearing.
‘‘The parties are entitled to the protection of confidentiality and privacy within reasonable limits, given that they have not at that point aired the dispute in public.
‘‘It is somewhat indicative that, as far as I am aware, to date there appear to have been no cases in New Zealand where televised or recorded coverage of an interlocutory application in chambers matter has been permitted.
‘‘Given the nature of the allegations against the defendants, which might be seen at one level to do damage to their respective reputations and businesses, principles of privacy are important here.
‘‘The present request can only be granted if there is some compelling reason why the public interest requires coverage of the hearing.
‘‘There has been no such reason advanced and in its absence the request cannot be granted.’’
Mr Boult and liquidators Rhys Cain and Rees Logan opposed the request.
