COOPER AND ANOR V WATKINSON AND ORS HC AK CIV 2007-404-0486

COOPER AND ANOR V WATKINSON AND ORS HC AK CIV 2007-404-0486

The judge held the requested documents were relevant to ascertain gross profit figures and to test the defendants' reconstruction and adjustments, and therefore ordered production of the documents by 4:00 pm on 5 November 2008.

Citation
openlaw-4e8e9299_f270_46c2_9fe7_ba829ffe86d2.pdf
Parties
First Plaintiff: JACK MCLEAN COOPER; Second Plaintiff: BENDALL AND CANT TRUSTEE COMPANY LIMITED; First Defendant: EDWARD PAUL WATKINSON; Second Defendant: COOPER WATKINSON TEXTILES LIMITED; Third Defendant: SARAH JANE REBECCA WATKINSON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 November 2008
Procedural Posture
Civil Shareholder Dispute (sale of Shares) / Interim Discovery Hearing Before Trial; Mediation Scheduled; Trial Set for 3 December 2008
Outcome
Order granting plaintiff's discovery application in part; documents ordered produced and costs awarded to plaintiff.
Legal Topics
Discovery of Documents, Relevance, Share Valuation, Accounting Reconstruction, Costs
Civil Procedure Company Law Commercial Law Evidence Discovery of Documents Relevance Share Valuation Accounting Reconstruction +1 more

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Parties

JACK MCLEAN COOPER

First Plaintiff

BENDALL AND CANT TRUSTEE COMPANY LIMITED

Second Plaintiff

EDWARD PAUL WATKINSON

First Defendant

COOPER WATKINSON TEXTILES LIMITED

Second Defendant

SARAH JANE REBECCA WATKINSON

Third Defendant

Procedural Posture

Civil Shareholder Dispute (sale of Shares) / Interim Discovery Hearing Before Trial; Mediation Scheduled; Trial Set for 3 December 2008

Legal Issues

  1. 1 Whether management accounts, annual account and tax returns relevant to determine profit as at 30 June 2006
  2. 2 Whether defendants' reconstruction with multiple adjustments can be tested without production of underlying documents
  3. 3 Scope of discovery where defendants assert historical accounting methods should control valuation

Ratio Decidendi

The judge held the requested documents were relevant to ascertain gross profit figures and to test the defendants' reconstruction and adjustments, and therefore ordered production of the documents by 4:00 pm on 5 November 2008.

Court Disposition

Order granting plaintiff's discovery application in part; documents ordered produced and costs awarded to plaintiff.

Orders

  • Documents sought in paras 1 and 2 of plaintiff's counsel's letter to be provided to plaintiff by 4:00 pm on Wednesday 5 November 2008
  • Costs of this application to the plaintiff on a 2B basis plus disbursements as fixed by the Registrar