The claimants wanted the court to order the defendants to provide documents and threatened an unless order if they didn't comply from US proceedings. The court said no to the main requests but encouraged the defendants to help the claimants get the documents if it didn't cost them too much.
Key Facts
- •Application for a Scott schedule and an unless order.
- •Claimants sought disclosure of documents from US proceedings.
- •Defendants did not support the proposed Scott schedule.
- •Claimants withdrew the unless order application.
- •Agreed list of issues to be incorporated into the court order.
Legal Principles
Outcomes
Application for Scott schedule dismissed.
Court deemed the proposed Scott schedule unhelpful in narrowing the issues, given the existing pleadings and agreed list of issues.
Unless order application dismissed.
Application was misconceived; insufficient basis for an unless order, and claimants failed to clearly articulate their request.
Defendants to assist claimants in obtaining US documents.
While dismissing the application, the court encouraged the defendants to cooperate reasonably in obtaining the US documents, without incurring costs in the other jurisdiction.