R LEE AND H HEARD v G LEE AND J L LEE [2016] NZHC 1073

R LEE AND H HEARD v G LEE AND J L LEE [2016] NZHC 1073

The court ordered limited particular discovery of HDP financial statements for 1998–2000, 2001 and 2002 as relevant to the 1997 and 2000 deeds, refused discovery for 2003–2016 as relating to quantum not liability (but left open reconsideration if plaintiffs succeed on liability), declined to authorize R Lee to represent the second plaintiff given the case complexity and the general rule against non-lawyer representation, ordered separate trials (liability first, quantum second), directed tailored discovery to be provided, and ordered security for costs by registration of a second mortgage over the plaintiffs' trust property at 101 Springfield Road Rotorua in a maximum sum of NZD 150,000...

Citation
[2016] NZHC 1073
Parties
First Plaintiff: Robert Lee (as trustee of the Estate of J G Lee); Second Plaintiff: Helen Heard (as trustee of the Estate of J G Lee); First Defendant: Gregory Lee; Second Defendant: Gregory Lee and Jane Lois Lee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 May 2016
Procedural Posture
Civil (trusts/equity Dispute) / Interlocutory Hearing (directions, Security for Costs, Discovery)
Outcome
Applications partly granted and partly refused; targeted discovery granted for early years, broader discovery refused at this stage, non-party orders not finally considered for lack of service, representation by R Lee refused, separate trials ordered, security for costs required by mortgage, proceeding stayed until...
Legal Topics
Security for Costs, Particular Discovery, Non Party Discovery, Separate Trials (liability and Quantum), Representation by Non Lawyer, Stay of Proceedings, Tailored Discovery
Trusts Equity Civil Procedure Discovery Costs Property Security for Costs Particular Discovery +5 more

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Parties

Robert Lee (as trustee of the Estate of J G Lee)

First Plaintiff

Helen Heard (as trustee of the Estate of J G Lee)

Second Plaintiff

Gregory Lee

First Defendant

Gregory Lee and Jane Lois Lee

Second Defendant

Procedural Posture

Civil (trusts/equity Dispute) / Interlocutory Hearing (directions, Security for Costs, Discovery)

Legal Issues

  1. 1 Whether HDP financial statements 1998–2002 and 2003–2016 should be discovered
  2. 2 Whether non-party disclosure orders could be made without notice to non-parties
  3. 3 Whether R Lee may represent the second plaintiff

Ratio Decidendi

The court ordered limited particular discovery of HDP financial statements for 1998–2000, 2001 and 2002 as relevant to the 1997 and 2000 deeds, refused discovery for 2003–2016 as relating to quantum not liability (but left open reconsideration if plaintiffs succeed on liability), declined to authorize R Lee to represent the second plaintiff given the case complexity and the general rule against non-lawyer representation, ordered separate trials (liability first, quantum second), directed tailored discovery to be provided, and ordered security for costs by registration of a second mortgage over the plaintiffs' trust property at 101 Springfield Road Rotorua in a maximum sum of NZD 150,000...

Court Disposition

Applications partly granted and partly refused; targeted discovery granted for early years, broader discovery refused at this stage, non-party orders not finally considered for lack of service, representation by R Lee refused, separate trials ordered, security for costs required by mortgage, proceeding stayed until...

Orders

  • HDP financial statements for 1998–2000 and for 2001–2002 to be discovered by the plaintiffs
  • Discovery of HDP financial statements for 2003–2016 refused at this stage (may be reconsidered if plaintiffs succeed on liability)