LAMP-POST PRODUCTIONS LIMITED V FABRIC SHELTER SYSTEMS LIMITED AND ANOR HC AK CIV 2006-488-000697

LAMP-POST PRODUCTIONS LIMITED V FABRIC SHELTER SYSTEMS LIMITED AND ANOR HC AK CIV 2006-488-000697

The Associate Judge was correct to refuse leave to amend, to join FSS (2006), and to order discovery because the evidence supporting a fraud/voidable transaction pleading was speculative and inadequate, the proposed claims raised distinct issues that did not justify vacating the trial, and the discovery sought was a prohibited fishing expedition; interests of justice did not require disturbing the scheduled fixture.

Citation
openlaw-50f98e31_e54e_41f5_89d2_5f8d2da53605.pdf
Parties
Plaintiff/applicant: Lamp-Post Productions Limited; First Defendant: Fabric Shelter Systems Limited; Second Defendant: UFS Australia Pty Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 April 2008
Procedural Posture
Civil Contract/tort and Property Fraud Claim / Review of Interlocutory Decision Pursuant to R61 C(4) Before Trial (application to Amend, Join, for Discovery and to Vacate Trial)
Outcome
Application for review dismissed; leave to amend statement of claim to plead fraud under s60 PLA, to join Fabric Shelter Systems (2006) Limited, and for further discovery refused; trial fixture for 12 May 2008 stands.
Legal Topics
Amendment of Pleading, Joinder, Discovery, Vacation of Trial, Fraudulent Conveyance (property Law Act 1952 S60), Voidable Transactions (companies Act 1993 S298), Standard of Review on Review/rehearing
Civil Procedure Contract Tort Property Law Company Law Evidence Amendment of Pleading Joinder +5 more

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Parties

Lamp-Post Productions Limited

Plaintiff/applicant

Fabric Shelter Systems Limited

First Defendant

UFS Australia Pty Limited

Second Defendant

Procedural Posture

Civil Contract/tort and Property Fraud Claim / Review of Interlocutory Decision Pursuant to R61 C(4) Before Trial (application to Amend, Join, for Discovery and to Vacate Trial)

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to add a fraud/voidable transaction claim under s60 Property Law Act 1952
  2. 2 Whether Fabric Shelter Systems (2006) Limited should be joined as a defendant
  3. 3 Whether further and better discovery of financial and asset transfer information should be ordered prior to trial

Ratio Decidendi

The Associate Judge was correct to refuse leave to amend, to join FSS (2006), and to order discovery because the evidence supporting a fraud/voidable transaction pleading was speculative and inadequate, the proposed claims raised distinct issues that did not justify vacating the trial, and the discovery sought was a prohibited fishing expedition; interests of justice did not require disturbing the scheduled fixture.

Court Disposition

Application for review dismissed; leave to amend statement of claim to plead fraud under s60 PLA, to join Fabric Shelter Systems (2006) Limited, and for further discovery refused; trial fixture for 12 May 2008 stands.

Orders

  • Application for review dismissed
  • Leave to amend the statement of claim to add a cause of action under Property Law Act 1952 s60 refused