MINTER ELLISON RUDD WATTS V ADYL KHIDIRBEKOV AND ORS HC AK CIV2008-404-008559

MINTER ELLISON RUDD WATTS V ADYL KHIDIRBEKOV AND ORS HC AK CIV2008-404-008559

Given counsel's advice of a significant payment and anticipated settlement, the court removed the matter from the summary judgment list, placed it on the standard track and ordered a telephone judicial case management conference in late October which will proceed unless a notice of discontinuance is filed, in which case it will be vacated.

Citation
openlaw-a6a9e27d_6b3a_401a_8039_cecb1de169c8.pdf
Parties
Plaintiff: Minter Ellison Rudd Watts; First Defendant: Adyl Khidirbekov; Second Defendant: Adyl Khidirbekov and Daniel Hunt as trustees of the Emerald Trust; Third Defendant: SZM Formula NZ Ltd; Fourth Defendant: Emerald Farming (2002) Ltd; Fifth Defendant: Emerald Hotels Gisborne Ltd; Sixth Defendant: Adise Management Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 June 2009
Procedural Posture
Civil (summary Judgment Application) / Removed From Summary Judgment List and Placed on Standard Track; Case Management Directions Issued
Outcome
Proceedings removed from summary judgment list; placed on standard track; telephone judicial case management conference ordered; conference to be vacated if notice of discontinuance filed.
Legal Topics
Summary Judgment, Case Management, Adjournment, Discontinuance
Civil Procedure Commercial Litigation Trusts Summary Judgment Case Management Adjournment Discontinuance

Case Brief

Summary, issues, holding and outcome

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Parties

Minter Ellison Rudd Watts

Plaintiff

Adyl Khidirbekov

First Defendant

Adyl Khidirbekov and Daniel Hunt as trustees of the Emerald Trust

Second Defendant

SZM Formula NZ Ltd

Third Defendant

Emerald Farming (2002) Ltd

Fourth Defendant

Emerald Hotels Gisborne Ltd

Fifth Defendant

Adise Management Ltd

Sixth Defendant

Procedural Posture

Civil (summary Judgment Application) / Removed From Summary Judgment List and Placed on Standard Track; Case Management Directions Issued

Legal Issues

  1. 1 Whether proceedings should be removed from the summary judgment list and placed on the standard track pending anticipated settlement
  2. 2 Whether a telephone judicial case management conference should be ordered and how it should be managed
  3. 3 Whether the conference should be vacated if a notice of discontinuance is filed

Ratio Decidendi

Given counsel's advice of a significant payment and anticipated settlement, the court removed the matter from the summary judgment list, placed it on the standard track and ordered a telephone judicial case management conference in late October which will proceed unless a notice of discontinuance is filed, in which case it will be vacated.

Court Disposition

Proceedings removed from summary judgment list; placed on standard track; telephone judicial case management conference ordered; conference to be vacated if notice of discontinuance filed.

Orders

  • Proceedings removed from the summary judgment list.
  • Proceedings placed on the standard track.