Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (No 2) [2017] FCA 393

Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (No 2) [2017] FCA 393

Discovery of the financial documents was warranted because Empower's business model as disclosed by those documents may be relevant to assessing whether the conduct identified in the concise statement was, in all the circumstances, unconscionable. Discovery of inducement documents was warranted because the applicants had sufficiently identified a case that Empower offered inducements, and the category sought production revealing the full range of inducements rather than whether such a case existed. Leave to administer interrogatories 1(a) and 1(b) was appropriate because those interrogatories sought relevant information more efficiently than discovery and were not oppressive or fishing....

Jurisdiction
Australia
Judgment Date
18 April 2017
Procedural Posture
Application for Discovery of Documents and Leave to Administer Interrogatories / Interlocutory Application
Outcome
Application granted in part.
Legal Topics
['discovery' 'interrogatories' 'relevance of Documents' 'oppression' 'fishing Expedition' 'unconscionable Conduct']
['civil Procedure' 'competition and Consumer Law' 'consumer Protection'] ['discovery' 'interrogatories' 'relevance of Documents' 'oppression' 'fishing Expedition' 'unconscionable Conduct']

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Procedural Posture

Application for Discovery of Documents and Leave to Administer Interrogatories / Interlocutory Application

Legal Issues

  1. 1 ["Whether discovery of the respondent's financial documents for the financial years ended 30 June 2014 and 30 June 2015 should be ordered." 'Whether discovery of documents evidencing or recording inducements offered to consumers during the Relevant Period should be ordered.' 'Whether proposed interrogatories concerning recruiters, online learning platform logins, assignments and student-trainer ratios should be permitted.' 'Whether the requested discovery or interrogatories were unclear, oppressive or impermissible fishing.']

Ratio Decidendi

Discovery of the financial documents was warranted because Empower's business model as disclosed by those documents may be relevant to assessing whether the conduct identified in the concise statement was, in all the circumstances, unconscionable. Discovery of inducement documents was warranted because the applicants had sufficiently identified a case that Empower offered inducements, and the category sought production revealing the full range of inducements rather than whether such a case existed. Leave to administer interrogatories 1(a) and 1(b) was appropriate because those interrogatories sought relevant information more efficiently than discovery and were not oppressive or fishing....

Court Disposition

Application granted in part.

Orders

  • ["By 9 May 2017, the respondent give discovery of the respondent's monthly financial reports, monthly statement of cash flows, bank statements, quarterly accounts and annual accounts for the financial years ended 30 June 2014 and 30 June 2015." 'By 9 May 2017, the respondent give discovery of all documents...