Ron Medich Properties Pty Ltd v Bentley–Smythe Pty Ltd (No 4) [2009] FCA 453

Ron Medich Properties Pty Ltd v Bentley–Smythe Pty Ltd (No 4) [2009] FCA 453

Access to the discovered documents is extended to the plaintiffs' instructing solicitor on the basis of practical necessity for preparation, verification of pleadings, and their undertaking to the Court, and copies may be made. There is no countervailing prejudice and proper undertakings are in place.

Jurisdiction
Australia
Judgment Date
28 April 2009
Procedural Posture
Interlocutory Application / Access to Documents and Procedural Directions
Outcome
Interlocutory orders made allowing wider access to documents and giving procedural directions.
Legal Topics
['access to Documents' 'discovery' 'interlocutory Orders' 'amendment of Pleadings' 'costs']
['civil Procedure'] ['access to Documents' 'discovery' 'interlocutory Orders' 'amendment of Pleadings' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Access to Documents and Procedural Directions

Legal Issues

  1. 1 ["Whether to grant wider access to certain discovered documents for the plaintiffs' solicitor and counsel" "Whether plaintiffs' lawyer may make copies of documents initially allowed only to counsel" 'Directions regarding pleadings and further interlocutory applications']

Ratio Decidendi

Access to the discovered documents is extended to the plaintiffs' instructing solicitor on the basis of practical necessity for preparation, verification of pleadings, and their undertaking to the Court, and copies may be made. There is no countervailing prejudice and proper undertakings are in place.

Court Disposition

Interlocutory orders made allowing wider access to documents and giving procedural directions.

Orders

  • ["Plaintiffs' counsel permitted to make one copy of specified documents." "Access to documents produced by defendants in packets 2, 3, 4 granted to plaintiffs' instructing solicitor on undertaking not to copy, show, or disclose without leave." 'Mr Ronayne (solicitor) granted leave to make one copy of those...