2 Aug 2012
ISAC (NZ) LIMITED V J MANAGH HC NAP CIV-2011-441-396
- Citation
- openlaw-7096c001_fb79_4693_8038_27313e0c1fb3.pdf
- Court
- High Court
The application for particular discovery against the liquidator was dismissed because the applicant failed to establish a prima facie indication that the Lifeline Trust documents were or had been in the respondent's 'control' as defined by the High Court Rules (a presently enforceable right to possession), and a statutory right to request documents under s 261 together with a s 266 remedy does not amount to present control. Conversely, the court granted a limited non‑party discovery order against the Lifeline Trust under r 8.21 because the specified board minutes and CEO reports (1 April 2010…