Clifford v Vegas Enterprises Pty Ltd [2009] FCA 1204

Clifford v Vegas Enterprises Pty Ltd [2009] FCA 1204

Discovery of documents from the Family Court proceedings related to the acquisition and value of shares in Vegas is directly relevant; the implied undertaking rule does not prevent their discovery where public domain exceptions apply or the Court orders disclosure under O 15, r 8, and the application is neither premature nor a fishing expedition.

Jurisdiction
Australia
Judgment Date
26 October 2009
Procedural Posture
Notice of Motion for Discovery in Commercial Proceedings / Interlocutory Application – Reasons for Discovery Orders
Outcome
Discovery granted; costs reserved; orders for programming minute
Legal Topics
['discovery' 'implied Undertaking Rule' 'damages' 'misrepresentation']
['practice and Procedure' 'commercial Law'] ['discovery' 'implied Undertaking Rule' 'damages' 'misrepresentation']

Case Brief

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Procedural Posture

Notice of Motion for Discovery in Commercial Proceedings / Interlocutory Application – Reasons for Discovery Orders

Legal Issues

  1. 1 ['Whether continuing discovery of Family Court documents relating to acquisition and value of shares in Vegas Enterprises Pty Ltd should be ordered' 'Whether implied undertaking or public domain exceptions apply to documents sought from Family Court proceedings' "Whether discovery application is premature or amounts to 'fishing'"]

Ratio Decidendi

Discovery of documents from the Family Court proceedings related to the acquisition and value of shares in Vegas is directly relevant; the implied undertaking rule does not prevent their discovery where public domain exceptions apply or the Court orders disclosure under O 15, r 8, and the application is neither premature nor a fishing expedition.

Court Disposition

Discovery granted; costs reserved; orders for programming minute

Orders

  • ['By 11 September 2009, parties to give continuing discovery on oath including all documents and evidence filed in Family Court proceedings PTW 5416 of 2006 relating to acquisition and value of shares in Vegas.' 'By 10 September 2009 at 4pm, parties to lodge a minute of proposed programming orders.' 'Costs are...