In the matter of Metal Storm Limited (subject to a deed of company arrangement) ACN 064 270 006 [2016] NSWSC 306

In the matter of Metal Storm Limited (subject to a deed of company arrangement) ACN 064 270 006 [2016] NSWSC 306

Discovery of documents in the possession, custody or power of the cross-defendant (EQT) relevant to the issue of what, if any, damages ASOF has suffered by reason of EQT's breach is reasonably required for fair disposition of the matter, is not oppressive, and exceptional circumstances for the making of the order before service of evidence are present.

Jurisdiction
Australia
Judgment Date
21 March 2016
Procedural Posture
Cross Claim / Interlocutory Application for Discovery of Documents
Outcome
Order that the cross-defendant give discovery
Legal Topics
['discovery' 'damages Assessment' 'equity Division Practice']
['civil Procedure'] ['discovery' 'damages Assessment' 'equity Division Practice']

Case Brief

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Procedural Posture

Cross Claim / Interlocutory Application for Discovery of Documents

Legal Issues

  1. 1 ['Whether the cross-defendant should be ordered to give discovery to the cross-claimant of documents relevant to damages.' 'Whether exceptional circumstances warrant discovery before service of evidence.' 'Whether such discovery is necessary or oppressive.']

Ratio Decidendi

Discovery of documents in the possession, custody or power of the cross-defendant (EQT) relevant to the issue of what, if any, damages ASOF has suffered by reason of EQT's breach is reasonably required for fair disposition of the matter, is not oppressive, and exceptional circumstances for the making of the order before service of evidence are present.

Court Disposition

Order that the cross-defendant give discovery

Orders

  • ["The cross-defendant give discovery to the cross-claimant of documents relevant to the issue of what if any damages ASOF has suffered by reason of EQT's established breach of contract, excluding documents previously produced by way of discovery or subpoena or publicly available from ASIC, the ASX, or the SEC." "The...