5 Jun 2008
DONOVAN V NIXON AND ORS HC HAM CIV 2006-419-000505
- Citation
- openlaw-5c5627da_b0bc_498d_b42b_aac93fb057d5.pdf
- Court
- High Court
The Court exercised its discretion under r418 to order a preliminary determination of four specified questions (valid termination under clause 15.2; whether facts give rise to a trust or gift; entitlement to deductions from any trust corpus; quantum of deductions) because deciding those issues first would resolve or substantially narrow the substantive dispute, reduce trial length from eight to five days, and focus accounting evidence; the Court also ordered particular discovery with confidentiality protections, required defendants to amend their defence to particularise termination grounds,…