Morony & Ors v Reschke & Ors [2014] NSWSC 359

Morony & Ors v Reschke & Ors [2014] NSWSC 359

Certain categories of discovery are allowed where relevant and necessary for resolution of real issues; access to expert reports served in related interstate proceedings is permitted and privilege claimed over such reports is lost through service in litigation; Registrar will issue request for production of specified court files from South Australia, subject to opposing parties' first access rights.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Corporations & Equity / Interlocutory Application
Outcome
Certain discovery categories allowed; subpoena not set aside; access to documents permitted; Registrar to issue request for production of Court files; parties to bring in Short Minutes of Order; costs to be costs in the cause, subject to submissions.
Legal Topics
['discovery' 'inspection' 'interrogatories' 'subpoenas' 'legal Professional Privilege' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'practice Note SC Eq 11' 'disclosure' 'waiver of Privilege']
['corporations' 'equity' 'civil Procedure' 'evidence'] ['discovery' 'inspection' 'interrogatories' 'subpoenas' 'legal Professional Privilege' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'practice Note SC Eq 11' 'disclosure' 'waiver of Privilege']

Case Brief

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Procedural Posture

Corporations & Equity / Interlocutory Application

Legal Issues

  1. 1 ['Whether relevant categories of documents ought to be disclosed for discovery' 'Whether subpoena for expert reports should be set aside' 'Whether service of expert reports in interstate proceedings amounts to waiver of legal professional privilege' 'Whether access to third party reports produced under subpoena should be permitted' 'Whether Registrar should issue a request for production of court files from interstate court' 'Whether directions for access should be subject to first access for confidentiality or privilege claims']

Ratio Decidendi

Certain categories of discovery are allowed where relevant and necessary for resolution of real issues; access to expert reports served in related interstate proceedings is permitted and privilege claimed over such reports is lost through service in litigation; Registrar will issue request for production of specified court files from South Australia, subject to opposing parties' first access rights.

Court Disposition

Certain discovery categories allowed; subpoena not set aside; access to documents permitted; Registrar to issue request for production of Court files; parties to bring in Short Minutes of Order; costs to be costs in the cause, subject to submissions.

Orders

  • ['Discovery ordered in specified categories as amended' 'Subpoena to Mr Lonergan not set aside; access to five reports permitted' 'Registrar to request production of specified court files from South Australia' 'Relevant Defendants to have first access for possible confidentiality or privilege claims' 'Parties to...