NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1623

NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1623

Although searching backup tapes and other electronic sources would impose a very substantial burden, the evidence did not establish that potentially discoverable e-mails on personal computers, servers or backup tapes were of such insubstantial moment, or that searching for them would be pointless. In the absence of evidence from those involved in the decision-making processes giving assurance that the burdensome search would not produce documents of moment, the Court was not prepared to limit discovery at that time.

Jurisdiction
Australia
Judgment Date
09 November 1999
Procedural Posture
Interlocutory Application in Federal Court Proceeding / Oral Application Under O 15 R 3 of the Federal Court Rules to Limit Discovery of E Mails
Outcome
The oral application to limit discovery was declined at present and stood over with liberty to call it on again on reasonable notice.
Legal Topics
['discovery' 'electronic Discovery' 'e Mails' 'case Management' 'federal Court Rules O 15']
['civil Procedure'] ['discovery' 'electronic Discovery' 'e Mails' 'case Management' 'federal Court Rules O 15']

Case Brief

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Procedural Posture

Interlocutory Application in Federal Court Proceeding / Oral Application Under O 15 R 3 of the Federal Court Rules to Limit Discovery of E Mails

Legal Issues

  1. 1 ["Whether the respondents' discovery obligations should be limited so that discovery of e-mails is confined to e-mails which, since the order for discovery was made, have existed in hard copy form." 'Whether the burden of searching personal computers, departmental servers and disaster-recovery backup tapes outweighed the utility of possible discoverable e-mail communications in the interests of a fair trial.']

Ratio Decidendi

Although searching backup tapes and other electronic sources would impose a very substantial burden, the evidence did not establish that potentially discoverable e-mails on personal computers, servers or backup tapes were of such insubstantial moment, or that searching for them would be pointless. In the absence of evidence from those involved in the decision-making processes giving assurance that the burdensome search would not produce documents of moment, the Court was not prepared to limit discovery at that time.

Court Disposition

The oral application to limit discovery was declined at present and stood over with liberty to call it on again on reasonable notice.

Orders

  • ['No order made on the present oral application.' 'The oral application was stood over to a date and time to be fixed, with liberty to call it on again on reasonable notice.']