The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 7) [2020] NSWSC 1883

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 7) [2020] NSWSC 1883

The orders for discovery require production of emails within the specified date range that contain the relevant keywords and their attachments in full, regardless of whether attachments themselves contain key words. Only such emails and attachments are required; other parts of email threads need not be produced unless they themselves meet the criteria. Documents containing relevant terms or falling within required categories may not be withheld or redacted without express leave, except for legitimate claims of legal professional privilege.

Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Procedural Ruling / Post Order (clarification/construction of Prior Discovery Order)
Outcome
Orders clarified/construed as set out in the judgment. No further express relief granted as parties agree on construction.
Legal Topics
['discovery' 'orders Construction of Court Orders']
['civil Procedure'] ['discovery' 'orders Construction of Court Orders']

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Procedural Posture

Procedural Ruling / Post Order (clarification/construction of Prior Discovery Order)

Legal Issues

  1. 1 ['Proper construction of orders for discovery – meaning of specific terms in order – whether defendants may redact or withhold documents without leave']

Ratio Decidendi

The orders for discovery require production of emails within the specified date range that contain the relevant keywords and their attachments in full, regardless of whether attachments themselves contain key words. Only such emails and attachments are required; other parts of email threads need not be produced unless they themselves meet the criteria. Documents containing relevant terms or falling within required categories may not be withheld or redacted without express leave, except for legitimate claims of legal professional privilege.

Court Disposition

Orders clarified/construed as set out in the judgment. No further express relief granted as parties agree on construction.

Orders

  • ['Discovery to be given as construed in [11]-[14] of the judgment: production of emails within the date range referring to relevant terms and all attachments; email threads or documents only to be produced if they themselves meet the discovery criteria; documents may not be withheld or redacted without leave except...