22 Sept 2006
MCLACHLAN & ORS V MEL & ORS HC AK CIV 1998-404-253
- Citation
- openlaw-c4e673c3_ae52_45e7_9456_77bae75892c6.pdf
- Court
- High Court
The application for an order requiring the plaintiffs to procure production from the former trustee was dismissed because the plaintiffs had already made the formal request and Mr Ross had expressly denied holding relevant trust documents; the proposed order was unlikely to produce new material, the defendants had delayed and chosen not to pursue non-party discovery despite knowledge of potential costs, and making the order at this late pre-trial stage would be oppressive and unnecessary under r 300.