LI v YU [2019] NZHC 330

LI v YU [2019] NZHC 330

The amended statement of defence provided sufficient particulars about the alleged partnerships (their nature, parties and timeframe) to fairly inform the plaintiffs what case to meet; documents sought by the defendant were relevant to her pleaded constructive trust and partnership claims and discovery (with scope limits, redactions and undertakings) was proportionate and should be ordered, subject to affidavit verification and protective measures

Citation
[2019] NZHC 330
Parties
First Plaintiff: Zhong Li; First Plaintiff: Jie Qing Li; Second Plaintiff: New Zealand New Oak Property Limited; First Defendant (stayed): York Buyun Yu; Second Defendant: Shan Ling; Third Defendant (satisfied): Zhi Yun Yu; Fourth Defendant: Henry Feng Lawyers Limited; Fourth Defendant: Henry Yu Feng
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 March 2019
Procedural Posture
Civil (high Court) / Interlocutory Applications Concerning Particulars and Discovery
Outcome
Application for further particulars dismissed; particular discovery ordered with defined scope, affidavit verification and protective undertakings; costs reserved (lie where they fall preliminarily)
Legal Topics
Particulars of Pleading, Partnership Formation and Variation, Constructive Trust, Dishonest Assistance, Knowing Receipt, Relevance and Proportionality of Discovery, Control of Documents
Property Law Equity Partnership Law Trusts Civil Procedure Discovery Law Contract/loan Recovery Particulars of Pleading +6 more

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Parties

Zhong Li

First Plaintiff

Jie Qing Li

First Plaintiff

New Zealand New Oak Property Limited

Second Plaintiff

York Buyun Yu

First Defendant (stayed)

Shan Ling

Second Defendant

Zhi Yun Yu

Third Defendant (satisfied)

Henry Feng Lawyers Limited

Fourth Defendant

Henry Yu Feng

Fourth Defendant

Procedural Posture

Civil (high Court) / Interlocutory Applications Concerning Particulars and Discovery

Legal Issues

  1. 1 Whether the defendant's amended statement of defence gives sufficient particulars of alleged partnership(s) to fairly inform the plaintiffs
  2. 2 Whether the defendant has established relevance and proportionality for particular discovery under r 8.19
  3. 3 Whether immigration and third party company documents are relevant and in plaintiffs' control

Ratio Decidendi

The amended statement of defence provided sufficient particulars about the alleged partnerships (their nature, parties and timeframe) to fairly inform the plaintiffs what case to meet; documents sought by the defendant were relevant to her pleaded constructive trust and partnership claims and discovery (with scope limits, redactions and undertakings) was proportionate and should be ordered, subject to affidavit verification and protective measures

Court Disposition

Application for further particulars dismissed; particular discovery ordered with defined scope, affidavit verification and protective undertakings; costs reserved (lie where they fall preliminarily)