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High Court orders that the plaintiff (seeking damages relating to the use/management of trust property) swear a further affidavit of discovery to correct its language used to the effect that there are no documents other than the ones disclosed coming within the request for discovery made by the defendant, and further that it should confirm that the plaintiff's deponent has contacted all members of the management committee of the club seeking documents requested by the defendant.
Discovery - defendant's application in the context of a claim for damages by way of special summons - documents regarding discharge of an alleged indebtedness regarding a proposed astroturf pitch - current affidavit of discovery incorrectly worded - unclear whether comprehensive steps were taken by plaintiff regarding sourcing documents from other members of management committee - discovery regarding contributions by third parties as pleaded by plaintiff not appropriate at this stage.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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