Onzm & Anor v Watson & Ors [2017] EWHC 256 (Ch) (16 February 2017)

Onzm & Anor v Watson & Ors [2017] EWHC 256 (Ch) (16 February 2017)

Permission for expert evidence on valuation as at 24 July 2012, 25 April 2013, and 28 October 2013 is granted as it may assist the Court and is not disproportionate; evidence will be available in both Kea Part 7 claim and Novatrust proceedings.

Citation
[2017] EWHC 256 (Ch)
Parties
Claimant: Sir Owen George Glenn KNZM ONZM; Claimant/petitioner/defendant: Kea Investments Limited; Defendant: Eric John Watson; Defendant/petitioner/respondent: Novatrust Limited; Defendant: Miles John Anthony Leahy; Defendant: Nucopia Partners Limited; Defendant/respondent/defendant: Spartan Capital Limited
Jurisdiction
England and Wales
Judgment Date
16 February 2017
Procedural Posture
Civil/chancery/companies/derivative/part 7 Claim / Interlocutory Application Regarding Expert Evidence
Outcome
Application to revoke permission for expert evidence refused; permission expanded.
Legal Topics
Expert Evidence, Affirmation, Misrepresentation, Valuation of Transactions
Company Law Insolvency Civil Procedure Expert Evidence Affirmation Misrepresentation Valuation of Transactions

Case Brief

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Parties

Sir Owen George Glenn KNZM ONZM

Claimant

Kea Investments Limited

Claimant/petitioner/defendant

Eric John Watson

Defendant

Novatrust Limited

Defendant/petitioner/respondent

Miles John Anthony Leahy

Defendant

Nucopia Partners Limited

Defendant

Spartan Capital Limited

Defendant/respondent/defendant

Procedural Posture

Civil/chancery/companies/derivative/part 7 Claim / Interlocutory Application Regarding Expert Evidence

Legal Issues

  1. 1 Whether permission for expert evidence should be revoked or varied
  2. 2 Whether expert evidence on valuation dates is necessary or proportionate
  3. 3 Relevance of valuation evidence to affirmation and misrepresentation issues

Ratio Decidendi

Permission for expert evidence on valuation as at 24 July 2012, 25 April 2013, and 28 October 2013 is granted as it may assist the Court and is not disproportionate; evidence will be available in both Kea Part 7 claim and Novatrust proceedings.

Court Disposition

Application to revoke permission for expert evidence refused; permission expanded.

Orders

  • Expert evidence permitted on value of rights and opportunities as at 24 July 2012, 25 April 2013, and 28 October 2013.
  • Evidence to be available in both Kea Part 7 claim and Novatrust proceedings.