26 Oct 2011
HARDING AND SCHOLFIELD V LDC FINANCE LIMITED (IN RECEIVERSHIP) HC CHCH CIV 2008-409-001140
- Citation
- openlaw-1fe04e8c_25ae_4425_a222_29bc2e09ce81.pdf
- Court
- High Court
The judge exercised case management discretion under the High Court Rules and ordered a split trial: the proprietary issues (Securities Act breach and tracing, and first plaintiffs' proprietary/damages claim) will be tried first to allow prompt resolution and potential distribution of the disputed fund; wilful blindness/dishonest assistance claims against professional firms (PWC, Buddle Findlay and possibly the Nelson firm) will be separately case-managed because joinder of multiple firms would cause substantial delay and disproportionate costs relative to the $8.8m fund; Buddle Findlay was j…