AAA DEVELOPMENTS LTD V ORMISTON GROUP LTD HC AK CIV 2008-404-002616

AAA DEVELOPMENTS LTD V ORMISTON GROUP LTD HC AK CIV 2008-404-002616

The court ordered the plaintiff to discover documents evidencing the expenditure alleged in the amended statement of claim within 21 days, reserved its decision on discovery relating to funding steps and financial position, and adjourned proceedings to a telephone case management conference in March 2010; costs in relation to the consented discovery order were reserved but the defendant was likely entitled to costs for that item.

Citation
openlaw-ee69eaf6_b17f_46ba_8ef9_f10a5436389a.pdf
Parties
Plaintiff: AAA DEVELOPMENTS LTD; Defendant: ORMISTON GROUP LTD
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 November 2009
Procedural Posture
Civil Proceedings / Interlocutory Discovery Application / Case Management
Outcome
Partial order for discovery (expenditure documents) with other discovery reserved; case management conference adjourned; costs reserved.
Legal Topics
Further Discovery, Disclosure of Expenditure, Financial Disclosure, Case Management Conference, Costs for Interlocutory Applications
Civil Procedure Discovery Costs Further Discovery Disclosure of Expenditure Financial Disclosure Case Management Conference Costs for Interlocutory Applications

Case Brief

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Parties

AAA DEVELOPMENTS LTD

Plaintiff

ORMISTON GROUP LTD

Defendant

Procedural Posture

Civil Proceedings / Interlocutory Discovery Application / Case Management

Legal Issues

  1. 1 Whether plaintiff must discover documents relating to steps taken to fund the purchase under the agreement
  2. 2 Whether plaintiff must discover documents evidencing expenditure alleged in amended statement of claim
  3. 3 Whether plaintiff must discover documents relating to its financial position at specified times

Ratio Decidendi

The court ordered the plaintiff to discover documents evidencing the expenditure alleged in the amended statement of claim within 21 days, reserved its decision on discovery relating to funding steps and financial position, and adjourned proceedings to a telephone case management conference in March 2010; costs in relation to the consented discovery order were reserved but the defendant was likely entitled to costs for that item.

Court Disposition

Partial order for discovery (expenditure documents) with other discovery reserved; case management conference adjourned; costs reserved.

Orders

  • Plaintiff ordered to discover documents and records evidencing the expenditure alleged in its amended statement of claim within 21 days from 23 November 2009
  • Decision on discovery of documents relating to funding steps and the plaintiff's financial position reserved