Skyscanner Limited v Hotels Combined Pty Ltd [2016] NSWSC 183

Skyscanner Limited v Hotels Combined Pty Ltd [2016] NSWSC 183

The Court could intervene on review because the disclosure orders could decisively affect Skyscanner's rights, but the requested document categories were relevant and necessary to Hotels Combined's arguable damages case. Although the Skyscanner Solution and Hotels Combined Solution differed, those differences went to the weight and adjustment of the damages analysis at trial, not to discoverability. Exceptional circumstances existed under Practice Note SC Eq 11 because Hotels Combined's expert required Skyscanner's post-termination data to prepare a damages report, and requiring Hotels Combined to serve incomplete expert evidence first would be wasteful. The discovery sought was not...

Jurisdiction
Australia
Judgment Date
08 March 2016
Procedural Posture
Practice and Procedure; Discovery; Review of Registrar's Orders / Review Motion Seeking to Set Aside Registrar Walton's Pre Evidence Discovery Orders
Outcome
Hotels Combined was mostly successful on the Review Motion; further directions were required for lay evidence and a confidentiality regime, and costs were reserved for argument.
Legal Topics
['discovery' 'practice Note SC Eq 11' 'exceptional Circumstances for Disclosure Before Evidence' "review of Registrar's Decision" 'contractual Damages' 'relevance of Documents to Damages' 'oppression and Confidentiality in Discovery']
['civil Procedure' 'equity' 'contract Law'] ['discovery' 'practice Note SC Eq 11' 'exceptional Circumstances for Disclosure Before Evidence' "review of Registrar's Decision" 'contractual Damages' 'relevance of Documents to Damages' 'oppression and Confidentiality in Discovery']

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Procedural Posture

Practice and Procedure; Discovery; Review of Registrar's Orders / Review Motion Seeking to Set Aside Registrar Walton's Pre Evidence Discovery Orders

Legal Issues

  1. 1 ["Whether Skyscanner had to demonstrate House v The King error before the Court could intervene in the Registrar's discretionary discovery decision." 'Whether the categories of documents sought by Hotels Combined were relevant to the assessment of damages claimed on the Cross Claim.' 'Whether exceptional circumstances under Practice Note SC Eq 11 necessitated disclosure before Hotels Combined served its lay or expert evidence.' 'Whether disclosure was necessary for the resolution of the real issues in dispute.' 'Whether the discovery sought was oppressive or an impermissible fishing expedition.']

Ratio Decidendi

The Court could intervene on review because the disclosure orders could decisively affect Skyscanner's rights, but the requested document categories were relevant and necessary to Hotels Combined's arguable damages case. Although the Skyscanner Solution and Hotels Combined Solution differed, those differences went to the weight and adjustment of the damages analysis at trial, not to discoverability. Exceptional circumstances existed under Practice Note SC Eq 11 because Hotels Combined's expert required Skyscanner's post-termination data to prepare a damages report, and requiring Hotels Combined to serve incomplete expert evidence first would be wasteful. The discovery sought was not...

Court Disposition

Hotels Combined was mostly successful on the Review Motion; further directions were required for lay evidence and a confidentiality regime, and costs were reserved for argument.

Orders

  • ['Direct the parties to bring in Short Minutes of Order to give effect to these reasons.' 'Direct the parties to contact my associate to set a date for any argument as to costs.']