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The High Court refused a former chief executive and shareholder’s application for further discovery in a dispute concerning his alleged unlawful removal from a company and subsequent compulsory share transfer. The court found that the specific categories of documents sought by the plaintiffs were not relevant to the issues as pleaded, particularly as existing agreed discovery would provide documents sufficient to address whether notice for the removal was deliberately deficient. The plaintiffs’ requests were considered to seek documents that might establish new causes of action rather than support the existing case, and so their application for broader discovery was dismissed. The court deferred making ancillary orders until submissions on costs could be heard.
discovery application – company law – compulsory share transfer – unlawful removal – board meeting – Shareholders’ Agreement – notice of board meeting – Leaver notices – fair market value – good faith – plaintiff’s dismissal – pleaded issues – refusal of further discovery – Rules of the Superior Courts (RSC)
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