MILES HUNTER NATHAN, JAMES DENIS TAIT, MICHAEL GERARD CURTIS AND ANOR V GEOFFREY STEPHEN SMITH, CAROLYN SMITH AND ANOR HC AK CIV 2007-404-253

MILES HUNTER NATHAN, JAMES DENIS TAIT, MICHAEL GERARD CURTIS AND ANOR V GEOFFREY STEPHEN SMITH, CAROLYN SMITH AND ANOR HC AK CIV 2007-404-253

The court ordered James Denis Tait to file a formal affidavit of documents within 14 days and held the first defendants' application for discovery successful; plaintiffs were ordered to pay the first defendants' costs related to the discovery application assessed on a 2B basis with disbursements fixed by the registrar, limited to the discovery application. The second defendant's application for broader discovery of other developments was not finally determined and further argument was directed.

Citation
openlaw-16520e98_5b6d_4d37_a37b_1c487a64dc30.pdf
Parties
First Plaintiffs: MILES HUNTER NATHAN, JAMES DENIS TAIT, MICHAEL GERARD CURTIS AND ANOR; Second Plaintiffs: MILES HUNTER NATHAN, MARY NATHAN; First Defendants: GEOFFREY STEPHEN SMITH, CAROLYN SMITH AND ANOR; Second Defendants: SCOTT BERNARD MACBETH
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 May 2009
Procedural Posture
Civil Interlocutory Discovery Application / Application for Further and Better Discovery / Interlocutory Hearing
Outcome
Interlocutory orders granted in part; discovery application by first defendants successful; further argument directed on second defendant's discovery application; strike out/summary judgment application dismissed.
Legal Topics
Further and Better Discovery, Affidavit of Documents, Propensity Evidence, Evidence Act 2006 S40, General Exclusion S8, Costs Assessment (2 B)
Civil Procedure Evidence Property Law Discovery Costs Further and Better Discovery Affidavit of Documents Propensity Evidence +3 more

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Parties

MILES HUNTER NATHAN, JAMES DENIS TAIT, MICHAEL GERARD CURTIS AND ANOR

First Plaintiffs

MILES HUNTER NATHAN, MARY NATHAN

Second Plaintiffs

GEOFFREY STEPHEN SMITH, CAROLYN SMITH AND ANOR

First Defendants

SCOTT BERNARD MACBETH

Second Defendants

Procedural Posture

Civil Interlocutory Discovery Application / Application for Further and Better Discovery / Interlocutory Hearing

Legal Issues

  1. 1 Whether James Denis Tait must file a formal affidavit of documents
  2. 2 Whether the plaintiffs have provided all documents relating to the assignment between the plaintiffs
  3. 3 Whether the first defendants must discover documents relating to other property developments (1994-2000)

Ratio Decidendi

The court ordered James Denis Tait to file a formal affidavit of documents within 14 days and held the first defendants' application for discovery successful; plaintiffs were ordered to pay the first defendants' costs related to the discovery application assessed on a 2B basis with disbursements fixed by the registrar, limited to the discovery application. The second defendant's application for broader discovery of other developments was not finally determined and further argument was directed.

Court Disposition

Interlocutory orders granted in part; discovery application by first defendants successful; further argument directed on second defendant's discovery application; strike out/summary judgment application dismissed.

Orders

  • James Denis Tait to complete and file a formal affidavit of documents within 14 days of the decision
  • Plaintiffs to pay the first defendants' costs in connection with the discovery application assessed on a 2B basis with disbursements fixed by the registrar, limited to the discovery application