Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 2) [2006] FCA 1001

Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 2) [2006] FCA 1001

Annexing documents to affidavits does not constitute discovery; O 15 r 2(3) is the applicable test for general discovery, not the pre-1999 'train of inquiry' standard. Parties must file supplementary lists where significant materials are included in affidavits but not previously discovered. Documents in the custody of a company administrator are not in the power of the company absent consent. Both applicants and respondents are ordered to make supplementary discovery as specified; costs reserved.

Parties
First Applicant: Citrus Queensland Pty Ltd; Second Applicant: Peter Michael Tracy; Third Applicant: Sunstate Citrus Pty Ltd (ACN 112 847 560) [Subject to the Deed of Company Arrangement]; First Respondent: Sunstate Orchards Pty Ltd (ACN 095 659 733); Second Respondent: Andrew Colin Strahley; Third Respondent: David Breed
Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Interlocutory Application (notices of Motion) in Federal Court Proceedings / Orders for Further and Supplementary Discovery Before Trial
Outcome
Supplementary discovery ordered on both parties; timelines set out; costs reserved.
Legal Topics
Discovery, Federal Court Rules, Documents in Possession, Custody or Power, Part 5.3 a Corporations Act 2001 (cth), Scope of General Discovery, Test for Discoverability of Documents
Civil Procedure Discovery Federal Court Rules Documents in Possession, Custody or Power Part 5.3 a Corporations Act 2001 (cth) Scope of General Discovery Test for Discoverability of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Citrus Queensland Pty Ltd

First Applicant

Peter Michael Tracy

Second Applicant

Sunstate Citrus Pty Ltd (ACN 112 847 560) [Subject to the Deed of Company Arrangement]

Third Applicant

Sunstate Orchards Pty Ltd (ACN 095 659 733)

First Respondent

Andrew Colin Strahley

Second Respondent

David Breed

Third Respondent

Procedural Posture

Interlocutory Application (notices of Motion) in Federal Court Proceedings / Orders for Further and Supplementary Discovery Before Trial

Legal Issues

  1. 1 Whether annexing a document to an affidavit constitutes proper discovery under O 15 Federal Court Rules.
  2. 2 Whether documents already possessed by the other party must be discovered.
  3. 3 Whether documents in possession/custody/power of company under administration (Pt 5.3A Corporations Act) are discoverable by the company.

Ratio Decidendi

Annexing documents to affidavits does not constitute discovery; O 15 r 2(3) is the applicable test for general discovery, not the pre-1999 'train of inquiry' standard. Parties must file supplementary lists where significant materials are included in affidavits but not previously discovered. Documents in the custody of a company administrator are not in the power of the company absent consent. Both applicants and respondents are ordered to make supplementary discovery as specified; costs reserved.

Court Disposition

Supplementary discovery ordered on both parties; timelines set out; costs reserved.

Orders

  • First and second respondents to file affidavits stating which scheduled documents are or were in their possession, custody or power within 7 days.
  • First and second respondents to file and serve a Supplementary List of Documents in Form 22 (Federal Court Rules) within 14 days for documents annexed to affidavits or not previously discovered.