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The court granted the defendants' motion to amend their counterclaim and largely granted the plaintiffs' motion for further documentary discovery.
The court considered two motions: (1) by the Defendants/Plaintiffs by Counterclaim (the 501 Parties) for leave to file a Fresh as Amended Statement of Defence and Counterclaim, and (2) by the Plaintiffs/Defendants by Counterclaim (the 2B Parties) for a further and better Affidavit of Documents.
The court granted the 501 Parties' motion, finding no abuse of process or limitation period bar, and authorized the Amended Pleading.
The court also largely granted the 2B Parties' request for further production, ordering disclosure of missing bank records and email attachments, and set out a process for resolving any further disputes over redactions or missing documents.
The court set aside two consent judgments obtained by a law firm against its insolvent client, finding abuse of process and fraudulent preference.
The applicants sought to set aside two consent judgments obtained by Owens Wright LLP against its insolvent clients, Greenvilla, arguing abuse of process and fraudulent preference under the Assignments and Preferences Act.
The court found that Owens Wright obtained the judgments through abusive maneuvers, including failure to provide proper notice and ignoring a Notice of Intent to Defend from Greenvilla's receiver.
The court also found the transactions to be fraudulent preferences, citing numerous indicia of fraud and the non-arm's length relationship between Owens Wright and Greenvilla.
The judgments were declared null and void, and Owens Wright was ordered to repay the funds.
