Novo Tank Pty Ltd (In Liquidation) v Formaction Concrete Civils Pty Ltd (No 2) [2014] FCA 842

Novo Tank Pty Ltd (In Liquidation) v Formaction Concrete Civils Pty Ltd (No 2) [2014] FCA 842

Once the proceeding is directed to proceed by way of pleadings, discovery should be limited to issues raised by the pleadings and not by affidavits; accordingly, reference to affidavits in the discovery order should be removed.

Jurisdiction
Australia
Judgment Date
11 August 2014
Procedural Posture
Discovery Application in Liquidation Proceedings / Post Case Management Orders, Amendment of Discovery Order
Outcome
Order amended; costs in the cause.
Legal Topics
['discovery' 'liquidation' 'standard Discovery Orders']
['corporations Law' 'civil Procedure'] ['discovery' 'liquidation' 'standard Discovery Orders']

Case Brief

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Procedural Posture

Discovery Application in Liquidation Proceedings / Post Case Management Orders, Amendment of Discovery Order

Legal Issues

  1. 1 ['Whether discovery should be limited to issues raised by pleadings or include affidavits' 'Appropriate scope of discovery under FCR 20.14 in proceeding by pleadings']

Ratio Decidendi

Once the proceeding is directed to proceed by way of pleadings, discovery should be limited to issues raised by the pleadings and not by affidavits; accordingly, reference to affidavits in the discovery order should be removed.

Court Disposition

Order amended; costs in the cause.

Orders

  • ["Order 1 of the orders made on 9 July 2014 be amended to delete the words 'or in the affidavits'." 'The costs of this application be costs in the cause.']