Event and Time
Event Description
A case was brought before the court regarding costs orders in interlocutory proceedings. The plaintiffs submitted an amended notice of motion seeking various orders, including leave to amend pleadings and procedural orders. The New Hope defendants also submitted their own amended notice of motion requesting further discovery and production of documents.
Application and Claims
- Plaintiffs' Claims (Amended Notice of Motion dated 2 November 2022):
1. Leave to file a second further amended statement of claim. 2. Leave to rely on further evidence related to the proposed amendment. 3. Procedural orders for splitting the issues raised by the proposed amendment. 4. Leave to rely on a further expert report by one of the plaintiffs’ experts. 5. Procedural orders for a joint conference of expert witnesses and a joint report. 6. To set aside a notice to produce issued by the New Hope defendants.
- Defendants' Claims (Amended Notice of Motion dated 1 November 2022):
1. Further discovery of 15 categories of documents. 2. Orders for the fourth plaintiff to produce unredacted documents, claiming legal professional privilege had been waived.
Judicial Decisions
The plaintiffs were granted leave to amend their pleadings but were unsuccessful in several other claims. The New Hope defendants obtained substantive relief from their motion, including partial success on document discovery requests.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs’ Arguments:
- Justification for amending pleadings due to new evidence and necessity in litigation. - Request for procedural orders to manage and expedite discovery and expert reports.
- Defendants’ Arguments: