Commonwealth Bank of Australia v Goater [2016] NSWSC 710

Commonwealth Bank of Australia v Goater [2016] NSWSC 710

Discovery was refused as the categories sought were not presently justified, many amounted to chain-of-inquiry discovery, and there were alternative, more appropriate methods to obtain any genuinely relevant documents after service of affidavit evidence; granting discovery at this stage was found not to be in the interests of justice nor consistent with just, quick and cheap resolution of the issues.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Notice of Motion—application for Discovery / Interlocutory Decision on Discovery Prior to Service of Affidavit Evidence
Outcome
Application for discovery dismissed; costs order against applicants (Goaters) unless application for alternative costs made within seven days.
Legal Topics
['discovery' 'procedural Orders' 'costs Orders']
['civil Procedure'] ['discovery' 'procedural Orders' 'costs Orders']

Case Brief

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Procedural Posture

Notice of Motion—application for Discovery / Interlocutory Decision on Discovery Prior to Service of Affidavit Evidence

Legal Issues

  1. 1 ['Whether to grant discovery before service of affidavit evidence' 'Whether discovery is in the interests of justice and consistent with the just, quick and cheap resolution of issues']

Ratio Decidendi

Discovery was refused as the categories sought were not presently justified, many amounted to chain-of-inquiry discovery, and there were alternative, more appropriate methods to obtain any genuinely relevant documents after service of affidavit evidence; granting discovery at this stage was found not to be in the interests of justice nor consistent with just, quick and cheap resolution of the issues.

Court Disposition

Application for discovery dismissed; costs order against applicants (Goaters) unless application for alternative costs made within seven days.

Orders

  • ["Dismiss the cross-claimants' notice of motion filed 13 May 2016." "Subject to an application being made in writing to my Associate within seven days hereof for a different order, order the cross-claimants to pay the cross-defendants' costs of the motion."]