Westfield Management Ltd v Brisbane Airport Corporation Ltd [2004] FCA 611

Westfield Management Ltd v Brisbane Airport Corporation Ltd [2004] FCA 611

The application for discovery regarding covered portions of documents was dismissed because the covered material related to confidential, commercially sensitive business unrelated to matters in issue, and preserving confidentiality was appropriate. Discovery as to the cost of construction of DFO2 was refused because the cost was not a live issue, given admissions in the pleadings rendering the matter irrelevant for purposes of discovery.

Jurisdiction
Australia
Judgment Date
13 May 2004
Procedural Posture
Application for Further and Better Discovery / Interlocutory Application Decision on Notice of Motion
Outcome
Application for further discovery dismissed; costs reserved.
Legal Topics
['disclosure' 'discovery' 'relevancy of Documents' 'airports Regulation']
['practice and Procedure'] ['disclosure' 'discovery' 'relevancy of Documents' 'airports Regulation']

Case Brief

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Procedural Posture

Application for Further and Better Discovery / Interlocutory Application Decision on Notice of Motion

Legal Issues

  1. 1 ['Whether first respondent must produce for inspection covered portions of board and management documents considered not relevant by it' "Whether discovery is required for documents relating to cost of construction of building referred to as DFO2 in the first respondent's defence"]

Ratio Decidendi

The application for discovery regarding covered portions of documents was dismissed because the covered material related to confidential, commercially sensitive business unrelated to matters in issue, and preserving confidentiality was appropriate. Discovery as to the cost of construction of DFO2 was refused because the cost was not a live issue, given admissions in the pleadings rendering the matter irrelevant for purposes of discovery.

Court Disposition

Application for further discovery dismissed; costs reserved.

Orders

  • ["The application for further discovery in respect of the covered parts of documents discovered to date and the cost of construction of the building identified in the first respondent's further amended defence as 'DFO2' is dismissed." 'The question of costs of the notice of motion is reserved.']