20 Feb 2009
ANTHONY JAMES HATTON v. DOROTHY JANE FURNESS AND OTHERS
- Citation
- ANTHONY JAMES HATTON v. DOROTHY JANE FURNESS AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP844/2007
The court found material non-disclosure in the ex parte application insofar as the Anton Piller order was drafted excessively wide (inclusion of numerous unrelated Group Companies and an overbroad paragraph concerning cash takings for companies the first defendant did not control). The omissions were material to the weighing exercise and rendered the order unjust. The court declined to exercise its discretion to continue the Anton Piller order and accordingly discharged the order and dismissed the Inspection Summons; instead the court ordered that discovery proceed by ordinary means and left…