MACKINTOSH & GREER

In proceedings before Dawe J, the husband and wife were in dispute regarding discovery of documents, the appointment of a single expert, interim property orders, and costs. The wife sought various documents from the husband, contested his approach to discovery, and requested the appointment of a single expert. She also sought interim orders to re-open a business and occupy a property, and costs associated with her applications.

The court was required to determine the extent of the husband's disclosure obligations concerning documents not in his direct possession, whether a single expert should be appointed, and whether the wife should be permitted to re-open the parties' business pending final judgment. Additionally, the court considered the wife's application for costs in relation to the husband's unsuccessful applications concerning discovery and the appointment of a single expert.

Dawe J ordered the husband to file and serve an affidavit of discovery, emphasising the obligation to make full and frank disclosure and to make proper enquiries to identify and disclose relevant documents, even if not in his immediate possession. The court appointed a single expert for a historical valuation of a property, noting that costs orders could address any issues arising from this. Interim orders were made permitting the wife to occupy a property and re-open the associated business, finding it just and equitable given her lack of independent income. The husband was ordered to pay the wife's costs for her applications concerning discovery and the single expert, as he had been unsuccessful in those applications.