2 Oct 2009
HUNTER GRAIN LIMITED AND ANOR V J SWAP CONTRACTORS LIMITED HC TAU CIV-2008-470-0837
- Citation
- openlaw-58a1727a_954e_4d9b_8bf5_133c0b34c0b5.pdf
- Court
- High Court
The implied undertaking applied to the 7 January 2008 email subject heading but the action plan was properly categorised and disclosed as a business record; any use of the search materials by the plaintiffs was minimal and peripheral and did not cause the proceedings to be an abuse of process; the pleaded joint venture, fiduciary duty, knowing assistance and lease claims were not so clearly doomed to fail as to warrant strike out; and there was no basis to stay or limit discovery. Accordingly the review and strike-out applications were dismissed and interlocutory steps were to proceed.