24 Feb 2012
WESTBURY THOROUGHBREDS LIMITED V WEBSTER (AKA WATSON) HC AK CIV-2011-404-5886
- Citation
- openlaw-c88ecda9_2466_4a59_84e7_341f8ce95e2c.pdf
- Court
- High Court
The court exercised its discretion to refuse the plaintiff's application for discovery because the discovery sought was not strictly necessary to determine whether the defendant had an arguable defence to the claim; the plaintiff already had a respectable argument based on course of dealing and the GST records would only be ancillary ('icing on the cake') with limited probative weight, and ordering discovery would undermine the summary nature of the proceeding.