McDonald v Bank of Nova Scotia et Al

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Louisy, J.
• Judgment Date: 06 May 1971
• Neutral Citation: AG 1971 HC 3
• Docket Number: No. 26 of 1968
• Date: 06 May 1971

High Court

Louisy, J.

No. 26 of 1968

McDonald

and

Bank of Nova Scotia Et Al.

Appearances:

Phillips Q.C. and Miss B. Lake for the plaintiff.

H. Harney Attorney General for the respondent.

Practice and procedure - Particulars — Providing more particulars and handing over of documents.

Facts: The issue was whether handing over of particulars by the plaintiff to the defendants should occur before the defendants handed over certain documents to the plaintiff.

Held: There was no fixed rule in law as to which must be done first, it depends on the circumstances. The defendants in accordance with order 19, rule 4 of R.S.C., and in particular instance, should obtain the particulars first.

Louisy, J.

1 On 21 ^st February, 1968, the plaintiff, Reginald Hubert Gordon issued a writ against the defendants, The Bank of Nova Scotia, Sea Shell Reefs Limited, John Rowan Henry, Sydney Frank and John Marshall. The plaintiff died on the same date the writ was issued. On application of the plaintiff's executor an order was made for John Robert A. McDonald, executor of the plaintiff to continue the action. Some time after the 26 ^th March, 1970, the solicitor for the executor delivered a Statement of Claim. By letter dated 15 ^th May, 1970, the solicitor for the defendants requested particulars of the Statement of Claim; particulars were delivered by the solicitor for the plaintiff on the 30 ^th May, 1970. Not being satisfied with the particulars given by the plaintiff the solicitor for the defendant filed a summons for further and better particulars on 22 ^nd June, 1970.

2 On the 2 ^nd July, 1970 the plaintiff's solicitor filed a summons seeking discovery of documents from all the defendants and on the 13 ^th July, 1970, the plaintiff's solicitor filed a summons for an order requiring discovery and inspection of documents from the third defendant.

3 These three summonses came on for hearing in Chambers. At the hearing the summons was amended on the application of counsel for the applicant with objection. The amendment granted it as follows-

4 Under paragraph 11.

“Of alleged oral application by the deceased and the third defendant stating when the same was made by the deceased and the third named defendant.”

5 The further and better particulars requested now are paragraphs 10, 11, 14 and 15. Paragraph 11 has already been answered by letter of 30 ^th May, 1970.

6 The relevant Order and Rules under which the application is made Order 19 Rules 7 and 7A.

7 The principles upon which particulars will be ordered appear from the notes...