The plaintiffs moved under Rule 32.01 of the Rules of Civil Procedure for an order permitting inspection of a biofuel production plant owned by a defendant corporation.
The plaintiffs argued the inspection would allow their experts to assess whether the plant was operational in connection with a forthcoming Mareva injunction motion and claims relating to allegedly fraudulent transactions designed to defeat enforcement of anticipated U.S. judgments.
The court held that inspection orders require necessity for the proper determination of an issue in dispute and must reveal something useful or probative for the trier of fact.
Because the operational status of the plant was not relevant to the plaintiffs’ pleaded claim that certain funds were used to acquire the plant, the inspection was not necessary and that part of the motion was dismissed.
However, the court ordered production of written documents referred to in an affidavit pursuant to Rule 30.04(2).
