11 Sept 2023
THURSTON v ROBERTSON [2023] NZHC 2538
- Citation
- [2023] NZHC 2538
- Court
- High Court
Leave was granted under s 76(2) for the limited purpose of completing discovery because the documents sought (records of any exercise of the settlor's appointment/removal power) are relevant, there are grounds to believe they may exist given the first defendant's role and bankruptcy and the trustee's removal from the Companies Register, the request is proportionate, and the discovery cannot be adequately addressed in the bankruptcy; accordingly the standard discovery order was varied under r 8.17 and particular/non‑party discovery ordered under r 8.19 with further affidavits directed.