Probiotec Ltd v Afaras [2009] NSWSC 118

Probiotec Ltd v Afaras [2009] NSWSC 118

The documents sought are of doubtful relevance due to their disconnection from the present litigation, and production of such extensive material would be unduly oppressive based on evidence of the required effort to comply; therefore, the order for discovery is refused.

Jurisdiction
Australia
Judgment Date
18 February 2009
Procedural Posture
Motion for Verified Discovery / Interlocutory Ex Tempore Judgment on Discovery Motion
Outcome
Motion dismissed
Legal Topics
['discovery' 'oppressive Discovery' 'relevance of Documents']
['civil Procedure'] ['discovery' 'oppressive Discovery' 'relevance of Documents']

Case Brief

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Procedural Posture

Motion for Verified Discovery / Interlocutory Ex Tempore Judgment on Discovery Motion

Legal Issues

  1. 1 ['Whether discovery should be granted for access to unrelated solicitor files to prove knowledge of likely substantial costs' 'Whether such discovery is relevant or oppressive']

Ratio Decidendi

The documents sought are of doubtful relevance due to their disconnection from the present litigation, and production of such extensive material would be unduly oppressive based on evidence of the required effort to comply; therefore, the order for discovery is refused.

Court Disposition

Motion dismissed

Orders

  • ['Motion for verified discovery dismissed' "Plaintiffs to pay defendant's costs of the motion"]