In re Torchlight Fund LP - Judgment
Discovery pursuant to GCR 0.24, r.7 - Scope of discovery- Burden on Applicant- Obligations of discovery - Legal privilege - A Limited Partnership is not generally allowed to claim privilege against its own Limited Partners - Interests of Justice. GCR O.24 r.7 specific discovery; adequacy of GP’s discovery; relevance and Peruvian Guano test; legal professional privilege (company/LP cannot assert privilege against LPs); scope of discovery in just and equitable winding‑up; when court may order further and better list; failure to produce documents; credibility of claims that documents “do not exist”; Limited Partners’ rights to partnership documents; confidentiality vs disclosure; interests of justice
| Cause Number | FSD 0103/2015 (RMJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | McMillan J |
| Parties | In re Torchlight Fund LP - Judgment |
| Judgment Date | 2016-04-06 |
| Subject | Discovery pursuant to GCR 0.24, r.7 - Scope of discovery- Burden on Applicant- Obligations of discovery - Legal privilege - A Limited Partnership is not generally allowed to claim privilege against its own Limited Partners - Interests of Justice. GCR O.24 r.7 specific discovery; adequacy of GP’s discovery; relevance and Peruvian Guano test; legal professional privilege (company/LP cannot assert privilege against LPs); scope of discovery in just and equitable winding‑up; when court may order further and better list; failure to produce documents; credibility of claims that documents “do not exist”; Limited Partners’ rights to partnership documents; confidentiality vs disclosure; interests of justice |
| Filename (current) | 16-04-06-Torchlight-Fund-L-P-In-re.pdf |
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