15 Jul 2024
The court held the material sought was of limited probative value to the central issue (identity of the lender), the requests risked fishing and were disproportionate given the small sum in dispute; therefore discovery and removal of redactions were unnecessary and leave to serve the interrogatories was refused; appeal dismissed and costs ordered.
19 May 2023
The court ordered specific discovery in part because the bank account numbers and bank statements for December 2016 to August 2017 were sufficiently relevant and necessary to allow an independent audit to reconcile the 2nd Respondent's ledgers with bank records and to resolve the dispute about the accuracy of Schedule 1; redactions to exclude unrelated business entries were permitted; no order as to costs was made.
20 Oct 2009
The Court held that the subpoenaed documents were, on the evidence and for the purposes of the ancillary relief proceedings, necessary to determine the nature and extent of alleged family gifts/secret commissions and to enable accurate assessment of potential US tax liabilities; the classes of documents specified were sufficiently particularized and did not amount to disguised discovery; redaction of irrelevant/confidential material is permissible but must be justified and supervised; accordingly the Court dismissed the appeal except that paragraph 2(c) of the Order was deleted and made an or…
16 Jul 2007
Section 112 must be read broadly to place an exclusive licensee in the same procedural position as the copyright owner so an exclusive licensee may rely on a s.121 affidavit; here the plaintiffs' s.121 affidavit (David Murray) constituted sufficient pleading and prima facie evidence of ownership and chain of licences against a bare denial; particulars and unredacted production requested were irrelevant given the pleaded case and permitted redaction stands; the defendant's appeals are dismissed with costs.