CRAIG BUSCH V ZION WILDLIFE GARDENS LIMITED (IN RECEIVERSHIP AND LIQUIDATION) HC WHA CIV-2011-488-232

CRAIG BUSCH V ZION WILDLIFE GARDENS LIMITED (IN RECEIVERSHIP AND LIQUIDATION) HC WHA CIV-2011-488-232

Court granted limited further and better discovery directed at specified categories (Metro Law files, corporate trustee files, bank accounts, accountants' records and related documents) with specified deadlines, but refused to grant joinder or allow third defendant to stand in the shoes of Country Developments and refused to join Wildlife Pictures; costs lie where they fall; trial and pre-trial directions set.

Citation
openlaw-7bb02d54_ca4b_4024_bfdd_a47c40d0a728.pdf
Parties
First Plaintiff: Craig Busch; Second Plaintiffs: Craig Busch and ILS Trustees Limited as trustees of the Busch Wildlife Foundation Trust; First Defendant: Zion Wildlife Gardens Limited (in receivership and liquidation); Second Defendant: Country Developments Limited (in receivership); Third Defendant: Patricia Busch
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 March 2012
Procedural Posture
Civil Ownership Dispute / Interlocutory Applications/pre Trial
Outcome
Further and better discovery granted in part; joinder applications refused; no costs order; trial listed and pre-trial directions given.
Legal Topics
Discovery, Joinder, Sham Trust, Ownership of Chattels, Pre Trial Directions, Costs
Trust Law Property Law Company Law Insolvency Civil Procedure Discovery Joinder Sham Trust +3 more

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Parties

Craig Busch

First Plaintiff

Craig Busch and ILS Trustees Limited as trustees of the Busch Wildlife Foundation Trust

Second Plaintiffs

Zion Wildlife Gardens Limited (in receivership and liquidation)

First Defendant

Country Developments Limited (in receivership)

Second Defendant

Patricia Busch

Third Defendant

Procedural Posture

Civil Ownership Dispute / Interlocutory Applications/pre Trial

Legal Issues

  1. 1 ownership of animals
  2. 2 validity of transfer to trust
  3. 3 whether the trust is a sham

Ratio Decidendi

Court granted limited further and better discovery directed at specified categories (Metro Law files, corporate trustee files, bank accounts, accountants' records and related documents) with specified deadlines, but refused to grant joinder or allow third defendant to stand in the shoes of Country Developments and refused to join Wildlife Pictures; costs lie where they fall; trial and pre-trial directions set.

Court Disposition

Further and better discovery granted in part; joinder applications refused; no costs order; trial listed and pre-trial directions given.

Orders

  • Third defendant's application for further and better discovery granted in part: plaintiffs to provide discovery as directed
  • First plaintiff (Mr Busch) to file and serve an affidavit by 5 April 2012 listing any relevant documents from Metro Law files and confirming whether original trust deed and other originals are held by Metro Law