MOTORWORLD LIMITED (IN LIQUIDATION) AND ORS V MCGREGOR AND ORS HC AK CIV-2007-404-6558

MOTORWORLD LIMITED (IN LIQUIDATION) AND ORS V MCGREGOR AND ORS HC AK CIV-2007-404-6558

Costs lie where they fall between plaintiffs and the first defendant; plaintiffs granted joint costs against Queen City and Freedom on a Category 2B basis limited to preparation and filing of the particular discovery application; costs of attendances for the hearing concerning Millar and Paterson lie where they fall (Millar ordered to discover bank statements; Paterson not); no costs awarded against Motorworld and liquidators; defendants awarded costs against Nichibo with a 50% uplift and allowance of 1.5 days for re‑inspection.

Citation
openlaw-3aa6387d_861b_4255_8f51_ce81dcefc8e0.pdf
Parties
First Plaintiff: MOTORWORLD LIMITED (IN LIQUIDATION); Second Plaintiffs: LLOYD JAMES HAYWARD AND KAREN BETTY MASON; Third Plaintiff: NICHIBO JAPAN TRADING COMPANY LIMITED; First Defendant: ALASTAIR ROBERT HARDY MCGREGOR; Second Defendant: ERIC LESLIE KENNETH MILLAR; Third Defendant: HARLEY JOHN PATERSON; Fourth Defendant: QUEEN CITY AUTOS LIMITED; Fifth Defendant: FREEDOM WHOLESALE VEHICLES LIMITED; Sixth Defendant: TURNERS AUCTIONS LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 March 2009
Procedural Posture
Civil (discovery Applications) / Costs Fixing in Relation to Discovery Applications
Outcome
Mixed orders: no costs between plaintiffs and first defendant; costs lie where they fall for discovery attendances re Millar and Paterson (Millar ordered to provide bank statements, Paterson not); plaintiffs awarded single and joint costs against Queen City and Freedom on Category 2B basis for preparation/filing of...
Legal Topics
Discovery, Costs, Confidentiality, Particular Discovery Orders
Civil Procedure Company Law Insolvency Discovery Costs Confidentiality Particular Discovery Orders

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Parties

MOTORWORLD LIMITED (IN LIQUIDATION)

First Plaintiff

LLOYD JAMES HAYWARD AND KAREN BETTY MASON

Second Plaintiffs

NICHIBO JAPAN TRADING COMPANY LIMITED

Third Plaintiff

ALASTAIR ROBERT HARDY MCGREGOR

First Defendant

ERIC LESLIE KENNETH MILLAR

Second Defendant

HARLEY JOHN PATERSON

Third Defendant

QUEEN CITY AUTOS LIMITED

Fourth Defendant

FREEDOM WHOLESALE VEHICLES LIMITED

Fifth Defendant

TURNERS AUCTIONS LIMITED

Sixth Defendant

Procedural Posture

Civil (discovery Applications) / Costs Fixing in Relation to Discovery Applications

Legal Issues

  1. 1 Whether specified particular discovery should be ordered against second to fifth defendants including personal bank statements
  2. 2 Appropriate costs orders and category classification for discovery applications
  3. 3 Whether confidentiality agreement prevents disclosure of Brumac settlement documents

Ratio Decidendi

Costs lie where they fall between plaintiffs and the first defendant; plaintiffs granted joint costs against Queen City and Freedom on a Category 2B basis limited to preparation and filing of the particular discovery application; costs of attendances for the hearing concerning Millar and Paterson lie where they fall (Millar ordered to discover bank statements; Paterson not); no costs awarded against Motorworld and liquidators; defendants awarded costs against Nichibo with a 50% uplift and allowance of 1.5 days for re‑inspection.

Court Disposition

Mixed orders: no costs between plaintiffs and first defendant; costs lie where they fall for discovery attendances re Millar and Paterson (Millar ordered to provide bank statements, Paterson not); plaintiffs awarded single and joint costs against Queen City and Freedom on Category 2B basis for preparation/filing of...

Orders

  • No order for costs between plaintiffs and the first defendant
  • Costs in relation to plaintiffs' application against Mr Millar and Mr Paterson to lie where they fall; order that Mr Millar provide his bank statements; no order for Mr Paterson to provide bank statements