POROS v BAX [2015] NZHC 1579

POROS v BAX [2015] NZHC 1579

The applicant could already formulate a sufficient relationship property claim under the PRA from documents and information in his possession; the documents sought were primarily evidential and not necessary to plead the claim, and the court would not order pre-commencement discovery against third parties (the...

Source-derived case information.

Citation
[2015] NZHC 1579
Parties
Intended Applicant: Spyridon Poros; Intended Respondent: Kylie Bridget Bax
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 July 2015
Procedural Posture
Property (relationships) Act 1976 / Pre Commencement Discovery Application (r 8.20 High Court Rules)
Outcome
Interlocutory application for pre-commencement discovery dismissed
Legal Topics
Pre Commencement Discovery, High Court Rules R 8.20, Pleading Requirements R 5.26, Property (relationships) Act 1976 S 44 B, Trust Deed Disclosure, Constructive and Resulting Trusts, Joinder and Notice Requirements
Family Law Relationship Property Property Law Trusts and Equity Civil Procedure Pre Commencement Discovery High Court Rules R 8.20 Pleading Requirements R 5.26 +4 more

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Parties

Spyridon Poros

Intended Applicant

Kylie Bridget Bax

Intended Respondent

Procedural Posture

Property (relationships) Act 1976 / Pre Commencement Discovery Application (r 8.20 High Court Rules)

Legal Issues

  1. 1 Whether it was impossible or impracticable for the intending plaintiff to formulate his relationship property claim without the documents sought
  2. 2 Whether there were grounds to believe the documents were or had been in the control of the intended defendant or another person
  3. 3 Whether pre-commencement discovery should be ordered against the intended respondent or other third parties (the parents/trustees)

Ratio Decidendi

The applicant could already formulate a sufficient relationship property claim under the PRA from documents and information in his possession; the documents sought were primarily evidential and not necessary to plead the claim, and the court would not order pre-commencement discovery against third parties (the parents/trustees) who were not properly joined or given notice under r 8.20, therefore the interlocutory application for pre-commencement discovery was dismissed.

Court Disposition

Interlocutory application for pre-commencement discovery dismissed

Orders

  • The interlocutory application initially filed in the Family Court on 16 July 2014 is dismissed in its entirety.
  • The applicant shall pay the respondent's costs on a 2B basis together with disbursements to be fixed by the Registrar.