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Discovery unnecessary for fair disposal of proceedings arising over use of a former cinema
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High Court, in proceedings where the former owners of a cinema are seeking an injunction restraining the cinema and neighbouring building from being used as cinema or theatre for 20 years, refuses two applications for discovery, on the grounds that the documents sought are not relevant or necessary for the fair disposal of the issues arising in the proceedings.
Commercial court – injunction application by former owner of cinema regarding the use of the cinema and neighbouring building – prevent the buildings from being used as cinema or theatre for 20 years - two discovery motions – former owner seeking documents from the defendants which might indicate their intention – defendants seeking documents relating to the effect on the former owners of use of the cinema - whether documents relevant and necessary to the fair disposal of the dispute between the parties - possible to use the Properties as an entertainment venue without being a cinema/theatre – discovery request is directed at an impairment of the interest of former owner of the cinema that does not currently arise - both discovery motions as being unnecessary for the fair disposal of the issues.
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