15 Apr 2008
GAIL ANN MITCHELL AND CATHERINE ANTUNOVICH AND LYNETTE MARGARET CAUSER V GARY CHARLES CAUSER AND ANOR HC WHA CIV 2007-488-596
- Citation
- openlaw-8cc020a1_faf9_432d_bc66_e0b423d463e8.pdf
- Court
- High Court
Intended plaintiffs failed to establish the requisite real probability of a claim to justify pre-commencement discovery under r301 because the available evidence (gifts from the deceased to Gary applied to share acquisition and the terms of the deceased's will) affirmatively supports Gary's beneficial ownership; no operative mistake is shown; any claim based on the deceased's rights would vest in the estate and be pursued by the executor, not the plaintiffs. Therefore discovery is unjustified and the application is dismissed.