The Vintage Aviator Ltd v DeMarco

The Vintage Aviator Ltd and the trustees of the Film Property Trust brought claims against Eugene DeMarco and The Old Stick & Rudder Co Ltd for the fraudulent sale of aircraft. The proceedings have been ongoing since 2017. Mr DeMarco was convicted of fraud in relation to some of the same facts as are pleaded in the proceedings. The proceedings were stayed pending the outcome of the criminal trial. The plaintiffs' claims were amended to reflect the facts found by the jury. The defendants were required to provide discovery of documents by a specified date. They failed to do so. The Associate Judge made an "unless order" requiring them to provide discovery by 7 May 2021 or be debarred from defending the proceedings. They did not do so. They filed affidavits of documents which did not comply with the rules. They filed further affidavits which were still deficient. The Associate Judge debarred the defendants from defending the proceedings except for the limited purpose of making submissions. The defendants have now applied for leave to appeal the debarring judgment and for a stay pending the hearing of that appeal. The plaintiffs oppose the application for leave and the application for a stay. The defendants also sought to amend the application for a stay to include a stay pending the determination of two other appeals. The court dismissed the application for leave to appeal and the application for a stay. The application for amendment of the application for a stay was dismissed.