28 Jan 1992
NISSEI SANGYO AMERICA, LTD v. PHILIP LAWRENCE CHOY
- Citation
- NISSEI SANGYO AMERICA, LTD v. PHILIP LAWRENCE CHOY
- Court
- Court of Appeal
- Case number
- CACV38/1991
The Court of Appeal held that it was not plain and obvious that the plaintiffs' interlocutory claim for discovery lacked reasonable cause; the pleadings raised arguable bases under Norwich Pharmacal and equitable tracing (the pleadings alleged agency/fiduciary relationships and fraud/mistake), and the affidavits did not establish abuse or that alternative avenues made the discovery unnecessary, therefore the struck paragraphs and parts of the prayer must be restored and amendment permitted.