Plaintiff
Defendant
Background:
Gerald Wright and David P. Long, former friends and business associates, were involved in a legal dispute over a one-third interest in a 1.5% royalty in a Thai potash property. David Long successfully sued Gerald Wright and his company, Red Branch Investments Limited, in 2015, claiming a 50% beneficial interest in the royalty.
Legal Issues:
The plaintiffs, Gerald Wright and Red Branch, later alleged that David Long and a witness, John Darch, committed fraud by concealing evidence, leading to a biased judgment in the 2015 trial. They sought to set aside the original decision, arguing that the alleged fraud was material to the outcome.
Fraud and Perjury Claims:
The court found that David Long and John Darch provided misleading testimony regarding Darch's neutrality. However, it ruled that this did not materially affect the 2015 judgment, as other evidence supported Long's claims.
Decision:
The court dismissed Gerald Wright and Red Branch's application to overturn the 2015 decision and found that the alleged fraud and perjury were not material to the case’s outcome.
Costs:
The court did not specify a total award but stated that David Long was entitled to costs at Scale B unless the parties made submissions regarding costs within 30 days. If no submissions were received, Long would receive his costs as determined.
Court
Supreme Court of British ColumbiaCase Number
S187807Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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