Garratt's v Thangathurai [2001] NSWSC 945

Garratt's v Thangathurai [2001] NSWSC 945

The defendant's requested paragraph 1 discovery was too broad, but limited categories of documents were relevant to the pleaded issues concerning refusals or understandings about consent to transfer shares, assignment of interests under the shareholders deed, and assignment of the plaintiff's interest under the Loan and Option Agreement. The plaintiff was therefore ordered to give discovery only in the agreed category and the narrower categories identified by the Court.

Jurisdiction
Australia
Judgment Date
24 October 2001
Procedural Posture
Practice and Procedure Discovery / Competing Notices of Motion Relating to Discovery; Defendant's Motion for Discovery and Leave to File and Serve an Amended Defence
Outcome
Discovery ordered in limited terms; costs of the application to be costs in the cause.
Legal Topics
['discovery' 'relevance of Discovery Categories' 'amended Defence' 'loan and Option Agreement' 'shareholders Deed' 'assignment and Novation']
['civil Procedure' 'practice and Procedure' 'commercial Law'] ['discovery' 'relevance of Discovery Categories' 'amended Defence' 'loan and Option Agreement' 'shareholders Deed' 'assignment and Novation']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Practice and Procedure Discovery / Competing Notices of Motion Relating to Discovery; Defendant's Motion for Discovery and Leave to File and Serve an Amended Defence

Legal Issues

  1. 1 ["Whether the plaintiff should provide the broad category of discovery sought in paragraph 1 of the defendant's solicitors' letter dated 31 August 2001." "Whether documents relating to the Loan and Option Agreement and Shareholders Deed were relevant to the defendant's proposed defences based on implied terms, frustration, common mistake and total failure of consideration." 'What limits should be imposed on discovery concerning refusals or willingness to consent to transfer of shares, assignment of interests and novation.']

Ratio Decidendi

The defendant's requested paragraph 1 discovery was too broad, but limited categories of documents were relevant to the pleaded issues concerning refusals or understandings about consent to transfer shares, assignment of interests under the shareholders deed, and assignment of the plaintiff's interest under the Loan and Option Agreement. The plaintiff was therefore ordered to give discovery only in the agreed category and the narrower categories identified by the Court.

Court Disposition

Discovery ordered in limited terms; costs of the application to be costs in the cause.

Orders

  • ["The plaintiff is to give discovery as agreed in terms of paragraph 2 of the defendant's solicitor's letter to the plaintiff's solicitor of 31 August 2001." "The plaintiff is to give discovery of all documents recording or relating to the refusal of the shareholders in ICCT to waive their rights in relation to the...