SCOTT V SCOTT & ANOR HC TAU CIV 2004-470-0957

SCOTT V SCOTT & ANOR HC TAU CIV 2004-470-0957

The defendants are entitled to further and better discovery of documents recording farm working expenses, repairs and maintenance, and all current and non-current assets associated with the Tombstone Station farm business for the financial years ending 31 March 2001 to 31 March 2005; the plaintiff must file and...

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Citation
openlaw-17068212_7fd0_4313_9062_e239532c26d7.pdf
Parties
Plaintiff: LEWTYN MICHAEL SCOTT; First Defendant: ROSEMARY ANN SCOTT (as trustee); First Defendant: LEE MCNEILLY (as trustee); Second Defendant: LEIGH MCNEILLY; Second Defendant: ALISON SCOTT; Second Defendant: KARA ANN SCOTT
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2005
Procedural Posture
Declaratory Judgment; Trustee Act Matter; Civil Trial / Pre Trial Directions and Discovery Hearing
Outcome
Further discovery order granted and pre-trial timetable varied
Legal Topics
Disclosure of Documents, Discovery Orders, Timetable for Filing Briefs, Mediation and Case Management, Counterclaim for Sale of Property
Trusts Civil Procedure Property Equity Disclosure of Documents Discovery Orders Timetable for Filing Briefs Mediation and Case Management +1 more

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Parties

LEWTYN MICHAEL SCOTT

Plaintiff

ROSEMARY ANN SCOTT (as trustee)

First Defendant

LEE MCNEILLY (as trustee)

First Defendant

LEIGH MCNEILLY

Second Defendant

ALISON SCOTT

Second Defendant

KARA ANN SCOTT

Second Defendant

Procedural Posture

Declaratory Judgment; Trustee Act Matter; Civil Trial / Pre Trial Directions and Discovery Hearing

Legal Issues

  1. 1 Whether the plaintiff must provide further and better discovery of farm expenditure and asset records for financial years ending 31 March 2001 to 31 March 2005
  2. 2 Whether the Court should modify the usual timetable for filing briefs to accommodate mediation and the plaintiff's financial difficulty

Ratio Decidendi

The defendants are entitled to further and better discovery of documents recording farm working expenses, repairs and maintenance, and all current and non-current assets associated with the Tombstone Station farm business for the financial years ending 31 March 2001 to 31 March 2005; the plaintiff must file and serve a list and provide inspection copies by 31 January 2006. The Court will also modify the usual briefing timetable to specified dates to accommodate mediation and the trial schedule.

Court Disposition

Further discovery order granted and pre-trial timetable varied

Orders

  • The plaintiff to file and serve by 5:00 pm Tuesday 31 January 2006 a further and better list of documents listing all documents in his possession or control which list or record: (i) expenditures by way of "Farm Working Expenses" and "Repairs and Maintenance" in respect of the Tombstone Station farm property for the...
  • Mediation set for 16 and 17 February 2006.