Venacom Pty Ltd v Morgan Brooks Pty Ltd [2006] NSWSC 46

Venacom Pty Ltd v Morgan Brooks Pty Ltd [2006] NSWSC 46

The order of 18 October 2005 was discharged only insofar as it required discovery of categories 1 and 2 because the unchallenged affidavit evidence stated that those documents had already been discovered. The order remained in force for category 3 because professional indemnity insurance documents were sufficiently relevant to issues of actual and ostensible authority and organisational structure, and any privilege could be claimed in the list of documents. A declaration of completed discovery could not be made because discovery obligations are ongoing. Interrogatories were premature because the plaintiff's evidence-in-chief had not been filed and an order for interrogatories must be...

Jurisdiction
Australia
Judgment Date
03 February 2006
Procedural Posture
Notice of Motion in Equity Division Proceedings / Hearing of Amended Notice of Motion Seeking Review of Registrar's Discovery Order, Interrogatories and Expedition
Outcome
Application succeeded in part; discovery order discharged for categories 1 and 2 only, other requested orders refused, and each party ordered to bear its own costs of the Notice of Motion.
Legal Topics
['discovery' 'interrogatories' 'professional Indemnity Insurance Documents' "review of Registrar's Order" 'expedition List' 'costs']
['civil Procedure' 'equity'] ['discovery' 'interrogatories' 'professional Indemnity Insurance Documents' "review of Registrar's Order" 'expedition List' 'costs']

Case Brief

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Procedural Posture

Notice of Motion in Equity Division Proceedings / Hearing of Amended Notice of Motion Seeking Review of Registrar's Discovery Order, Interrogatories and Expedition

Legal Issues

  1. 1 ["Whether the Registrar's order for further discovery should be discharged in relation to product profiles, rate sheets and information sheets." "Whether the Registrar's order for further discovery should be discharged in relation to website documents." 'Whether discovery should be ordered for documents relating to professional indemnity insurance held by Mr Dominic Cincotta, ACN 067 567 702 Pty Limited, Morgan Brooks Pty Limited or the Morgan Brooks Group.' 'Whether the Court should determine that the first defendant had complied with its discovery obligations.' 'Whether the plaintiff should be ordered to answer interrogatories before filing evidence-in-chief.' 'Whether the matter should be reinstated to the expedition list by the Amended Notice of Motion.']

Ratio Decidendi

The order of 18 October 2005 was discharged only insofar as it required discovery of categories 1 and 2 because the unchallenged affidavit evidence stated that those documents had already been discovered. The order remained in force for category 3 because professional indemnity insurance documents were sufficiently relevant to issues of actual and ostensible authority and organisational structure, and any privilege could be claimed in the list of documents. A declaration of completed discovery could not be made because discovery obligations are ongoing. Interrogatories were premature because the plaintiff's evidence-in-chief had not been filed and an order for interrogatories must be...

Court Disposition

Application succeeded in part; discovery order discharged for categories 1 and 2 only, other requested orders refused, and each party ordered to bear its own costs of the Notice of Motion.

Orders

  • ['Order 1 made on 18 October 2005 be discharged insofar as it requires discovery of categories 1 and 2 of the annexure to that order.' 'The order for discovery remains on foot insofar as it relates to the third category of documents concerning professional indemnity insurance.' 'Order 3 in the Amended Notice of...