Brett Paul Hawksford & Anor v Michael Jeffrey Hawksford & Ors;Michael Jeffrey Hawksford & Ors v Brett Paul Hawksford & Ors [2007] NSWSC 661

Brett Paul Hawksford & Anor v Michael Jeffrey Hawksford & Ors;Michael Jeffrey Hawksford & Ors v Brett Paul Hawksford & Ors [2007] NSWSC 661

Discovery is to be given of documents confined to those on which the producing party may rely, which adversely affect any party's case, or which support the case of the party seeking discovery. For documents containing information about suppliers, customers, or pricing, discovery is subject to written confidentiality undertakings (by solicitors, counsel, and experts only), due to apprehended risk of misuse given Brett Hawksford's links to competitors and the absence of demonstrated relevance to pleaded issues.

Parties
Plaintiff/cross Defendant: Brett Paul Hawksford; Plaintiff/cross Defendant: Brett Hawksford Management Pty Limited; Defendant/cross Claimant: Michael Jeffrey Hawksford; Defendant/cross Claimant: Bremick Pty Limited; Defendant/cross Claimant: BMB Investments Pty Limited
Jurisdiction
Australia
Judgment Date
01 June 2007
Procedural Posture
Civil (corporations/equity Proceedings) / Interlocutory Discovery (notices of Motion)
Outcome
Orders made on discovery and confidentiality undertakings; costs awarded to applicants in the proceedings.
Legal Topics
Discovery, Confidentiality of Documents, Partnerships, Shareholders Agreements
Civil Procedure Corporations Law Equity Discovery Confidentiality of Documents Partnerships Shareholders Agreements

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Parties

Brett Paul Hawksford

Plaintiff/cross Defendant

Brett Hawksford Management Pty Limited

Plaintiff/cross Defendant

Michael Jeffrey Hawksford

Defendant/cross Claimant

Bremick Pty Limited

Defendant/cross Claimant

BMB Investments Pty Limited

Defendant/cross Claimant

Procedural Posture

Civil (corporations/equity Proceedings) / Interlocutory Discovery (notices of Motion)

Legal Issues

  1. 1 Appropriate scope of discovery in relation to pleaded issues
  2. 2 Whether confidentiality undertakings should be required for certain categories of documents
  3. 3 Relevance of supplier/customer/pricing information to pleaded issues

Ratio Decidendi

Discovery is to be given of documents confined to those on which the producing party may rely, which adversely affect any party's case, or which support the case of the party seeking discovery. For documents containing information about suppliers, customers, or pricing, discovery is subject to written confidentiality undertakings (by solicitors, counsel, and experts only), due to apprehended risk of misuse given Brett Hawksford's links to competitors and the absence of demonstrated relevance to pleaded issues.

Court Disposition

Orders made on discovery and confidentiality undertakings; costs awarded to applicants in the proceedings.

Orders

  • Brett Paul Hawksford parties to give discovery of specified categories of documents limited to documents relied on, adverse to, or supporting any party's case.
  • Defendants/cross-claimants to give discovery in 2005 proceedings on similar terms.