4 Apr 2013
GILLESPIE V GUEST HC AK CIV-2011-404-1629
- Citation
- openlaw-297401ae_f7ad_46e6_9df4_28341d89cf6c.pdf
- Court
- High Court
The court concluded plaintiffs established grounds under r 8.19 to believe the defendant had not discovered documents that should have been discovered (given independent evidence of a closer relationship with Titan 1 Finance Ltd, existence of a management agreement, and implausible gaps in email production), and that tailored discovery including forensic inspection of the defendants' computer systems under r 9.34 was justified; accordingly the court ordered a fresh, filtered affidavit of documents and sanctioned computer inspection subject to agreed protective protocols and costs directions.