Hard Rock Ltd and Anor v HRCKY Ltd [2019] JRC 243 (16 December 2019)

Hard Rock Ltd and Anor v HRCKY Ltd [2019] JRC 243 (16 December 2019)

Plaintiffs have not complied with discovery obligations as affidavits do not conclusively address existence or nonexistence of relevant profit summaries; unless order is justified to compel compliance.

Citation
[2019] JRC 243
Parties
Plaintiff: Hard Rock Ltd; Plaintiff: Hard Rock Café International (STP) Inc; Defendant: HRCKY Ltd
Jurisdiction
Jersey
Judgment Date
16 December 2019
Procedural Posture
Civil / Interlocutory Application
Outcome
Plaintiffs ordered to comply with discovery obligations by 31 January 2020; unless order made.
Legal Topics
Discovery, Franchise Agreements, Misrepresentation, Breach of Contract
Civil Procedure Commercial Law Discovery Franchise Agreements Misrepresentation Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Hard Rock Ltd

Plaintiff

Hard Rock Café International (STP) Inc

Plaintiff

HRCKY Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether plaintiffs complied with discovery orders
  2. 2 Whether profit summaries for corporate cafés for specified years exist and are disclosable
  3. 3 Appropriate sanction for noncompliance with discovery orders

Ratio Decidendi

Plaintiffs have not complied with discovery obligations as affidavits do not conclusively address existence or nonexistence of relevant profit summaries; unless order is justified to compel compliance.

Court Disposition

Plaintiffs ordered to comply with discovery obligations by 31 January 2020; unless order made.

Orders

  • Plaintiffs must file affidavit in compliance with Deputy Bailiff Le Cocq's order by 31 January 2020.
  • Affidavit must specify documents produced, documents no longer possessed, areas searched, and reasons for loss of documents.