Coverforce Insurance Broking Pty Ltd v Duthie [2019] FCA 368

Coverforce Insurance Broking Pty Ltd v Duthie [2019] FCA 368

Both disputed discovery categories were relevant to issues raised by the pleadings. Documents concerning the Silvio E Offer Memorandum may be relevant to identifying the Silvio E clients or Mr D'Aloia's authority to include clients in that group, and the category appeared confined. Communications between PNO and Mr Duthie or Mr D'Aloia while they were employed by Coverforce were relevant to the core pleaded issue of whether those dealings breached their employment contracts and did not appear to impose an undue burden. Discovery of both categories was therefore likely to facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Practice and Procedure; Discovery / Discovery Orders Made on the Papers
Outcome
Discovery allowed for the agreed categories and the two disputed categories.
Legal Topics
['discovery' 'relevance' 'commercial Contracts, Banking, Finance and Insurance' 'employment Restraints and Alleged Breaches of Contractual and Fiduciary Duties']
['practice and Procedure' 'commercial and Corporations'] ['discovery' 'relevance' 'commercial Contracts, Banking, Finance and Insurance' 'employment Restraints and Alleged Breaches of Contractual and Fiduciary Duties']

Case Brief

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Procedural Posture

Practice and Procedure; Discovery / Discovery Orders Made on the Papers

Legal Issues

  1. 1 ["Whether the applicants should give discovery of documents recording, evidencing or relating to the offer made by Jim Malady to the second respondent in about January 2017 in respect of the second applicant's portfolio of clients." "Whether the respondents should give discovery of documents recording PNO's communications, including through Ms Jane Brockett, with the first and second respondents regarding their engagement with or by PNO between October 2016 and April 2017." 'Whether discovery of the disputed categories is likely to facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible under r 20.11 of the Federal Court Rules 2011.']

Ratio Decidendi

Both disputed discovery categories were relevant to issues raised by the pleadings. Documents concerning the Silvio E Offer Memorandum may be relevant to identifying the Silvio E clients or Mr D'Aloia's authority to include clients in that group, and the category appeared confined. Communications between PNO and Mr Duthie or Mr D'Aloia while they were employed by Coverforce were relevant to the core pleaded issue of whether those dealings breached their employment contracts and did not appear to impose an undue burden. Discovery of both categories was therefore likely to facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible.

Court Disposition

Discovery allowed for the agreed categories and the two disputed categories.

Orders

  • ['The applicants give discovery of all documents falling within the categories of documents listed in annexure "A" to these orders by 8 April 2019.' 'The respondents give discovery of all documents falling within the categories of documents listed in annexure "B" to these orders by 8 April 2019.']