Takilla Limited v Olsen Backhurst and Dorey [2003] JRC 003 (09 January 2003)

Takilla Limited v Olsen Backhurst and Dorey [2003] JRC 003 (09 January 2003)

Discovery should only be ordered where the applicant demonstrates that the documents exist, are relevant to matters in issue, and are necessary for fair disposal of the case, applying the Hanby test to each category individually.

Source-derived case information.

Citation
[2003] JRC 003
Parties
Plaintiff: Takilla Limited; Plaintiff: Mr Callaghan; Plaintiff: Mrs Maureen Callaghan; Defendant: Mr Andrew Green; Defendant: Messrs Fiott and Huelin
Jurisdiction
Jersey
Judgment Date
09 January 2003
Procedural Posture
Appeal / Appeal Against Master's Refusal of Specific Discovery
Outcome
Appeal allowed in part
Legal Topics
Specific Discovery, Negligence, Legal Aid, Abuse of Process
Civil Procedure Professional Negligence Specific Discovery Negligence Legal Aid Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Takilla Limited

Plaintiff

Mr Callaghan

Plaintiff

Mrs Maureen Callaghan

Plaintiff

Mr Andrew Green

Defendant

Messrs Fiott and Huelin

Defendant

Procedural Posture

Appeal / Appeal Against Master's Refusal of Specific Discovery

Legal Issues

  1. 1 Whether specific discovery should be ordered for various categories of documents
  2. 2 Relevance of financial documents to claims and counterclaims
  3. 3 Application of Hanby test to discovery requests

Ratio Decidendi

Discovery should only be ordered where the applicant demonstrates that the documents exist, are relevant to matters in issue, and are necessary for fair disposal of the case, applying the Hanby test to each category individually.

Court Disposition

Appeal allowed in part

Orders

  • Discovery ordered for Takilla Limited's bank statements and guarantees
  • Discovery ordered for Mr Callaghan's bank statements relating to pleaded transactions