31 Oct 2019
PUBLIC TRUST v KAIN AND OTHERS [2019] NZHC 2789 .
- Citation
- [2019] NZHC 2789
- Court
- High Court
The discovery application was dismissed because the directions as framed raised threshold legal questions that did not require the broad factual discovery sought; the court concluded the trustees asked whether particular matters could be taken into account (a legal question) and that ordering the wide discovery sought would be working backwards from perceived utility rather than from the terms of the directions; limited agreed discovery of any statements of wishes other than those recently circulated was ordered.