Armstrong Strategic Management and Marketing v Expense Reduction Analysis Group [2013] NSWSC 1702

Armstrong Strategic Management and Marketing v Expense Reduction Analysis Group [2013] NSWSC 1702

Given the magnitude of non-compliance and the existing obligation from the prior order, the individual defendants must provide further informal discovery of documents before serving their evidence, regardless of Practice Note SC Eq 11.

Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Procedural Ruling / Interlocutory Discovery and Directions
Outcome
Order for further informal discovery and directions for evidence. Costs reserved.
Legal Topics
['discovery' 'case Management' 'practice Directions']
['civil Procedure'] ['discovery' 'case Management' 'practice Directions']

Case Brief

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Procedural Posture

Procedural Ruling / Interlocutory Discovery and Directions

Legal Issues

  1. 1 ['Whether individual defendants are obliged to provide further discovery of documents found after original discovery orders and after commencement of Practice Note SC Eq 11' 'Whether further discovery should precede service of evidence or vice versa']

Ratio Decidendi

Given the magnitude of non-compliance and the existing obligation from the prior order, the individual defendants must provide further informal discovery of documents before serving their evidence, regardless of Practice Note SC Eq 11.

Court Disposition

Order for further informal discovery and directions for evidence. Costs reserved.

Orders

  • ['First, third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth defendants to give further informal discovery of documents by 3 February 2014.' 'Reservation of whether those defendants should be required to verify further discovery.' 'Those defendants to serve lay evidence by 11 April 2014 and expert...