Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 729

Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 729

Further or particular discovery regarding BBRX1-BBRX4 documents is refused as the pleaded case is directed solely to the BBRX5 transaction; there is no requirement for defendants to discover documents unrelated to pleaded complaints. In the GIL proceedings, documents controlled by a related entity's solicitors are not within a party's 'power' absent a presently enforceable right of inspection, and it is not reasonable to require payment of substantial sums to obtain such access under discovery obligations.

Jurisdiction
Australia
Judgment Date
07 June 2017
Procedural Posture
Civil Commercial List Discovery Dispute / Interlocutory Motions for Further and Particular Discovery
Outcome
Each notice of motion dismissed with costs. Liberty to apply reserved.
Legal Topics
['discovery' 'relevance of Documents' 'discovery Obligations' 'power and Possession for Discovery' 'proportionality of Discovery' 'discovery in Complex Corporate/investment Structures']
['civil Procedure' 'equity' 'commercial Law'] ['discovery' 'relevance of Documents' 'discovery Obligations' 'power and Possession for Discovery' 'proportionality of Discovery' 'discovery in Complex Corporate/investment Structures']

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Procedural Posture

Civil Commercial List Discovery Dispute / Interlocutory Motions for Further and Particular Discovery

Legal Issues

  1. 1 ["Whether further and particular discovery should be ordered regarding additional transaction documents (BBRX1 to BBRX4); whether documents held by a related entity's solicitors are in the 'power' of a party for discovery; whether discovery given was inadequate or non-compliant with court rules and pleadings; whether the cost or proportionality of discovery steps preclude orders for additional discovery."]

Ratio Decidendi

Further or particular discovery regarding BBRX1-BBRX4 documents is refused as the pleaded case is directed solely to the BBRX5 transaction; there is no requirement for defendants to discover documents unrelated to pleaded complaints. In the GIL proceedings, documents controlled by a related entity's solicitors are not within a party's 'power' absent a presently enforceable right of inspection, and it is not reasonable to require payment of substantial sums to obtain such access under discovery obligations.

Court Disposition

Each notice of motion dismissed with costs. Liberty to apply reserved.

Orders

  • ['Order that each notice of motion be dismissed with costs.' 'Order that the exhibits be returned.' 'Liberty to apply reserved in respect of any unresolved issue arising under the notices of motion.']