Robert Mario Ferfolia & anor v Mater of Education Services & ors [2006] NSWIRComm 226

Robert Mario Ferfolia & anor v Mater of Education Services & ors [2006] NSWIRComm 226

Discovery of financial circumstances is not permissible unless directly relevant to an issue such as tracing, security for costs, or identifying exposure to a guarantor; general discovery of financial standing is not justified in these proceedings.

Jurisdiction
Australia
Judgment Date
14 July 2006
Procedural Posture
Interlocutory Application / Ruling on Discovery
Outcome
Application for discovery of first respondent's financial circumstances dismissed
Legal Topics
['discovery' 'interlocutory Procedure']
['industrial Law'] ['discovery' 'interlocutory Procedure']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Discovery

Legal Issues

  1. 1 ["Whether the applicants are entitled to discovery of documents relating to the first respondent's current financial circumstances"]

Ratio Decidendi

Discovery of financial circumstances is not permissible unless directly relevant to an issue such as tracing, security for costs, or identifying exposure to a guarantor; general discovery of financial standing is not justified in these proceedings.

Court Disposition

Application for discovery of first respondent's financial circumstances dismissed

Orders

  • ['Applicants to pay the further costs of the respondents in an amount assessed in default of agreement']