Prowse v Rocklands Richfield [2012] NSWSC 448

Prowse v Rocklands Richfield [2012] NSWSC 448

The plaintiffs should provide further and better discovery to the extent identified, particularly regarding issues raised by amendments to the commercial list response. Existing discovery orders are not displaced by the practice note, and further affidavit discovery is appropriate where informal discovery has supplemented compliance. Discovery obligations extend to new factual issues introduced via amendments to pleadings.

Parties
First Plaintiff: Alan Timothy Prowse; Second Plaintiff: Frank Stewart Farrall (ABN 85 524 880 202); First Defendant: Rocklands Richfield Limited (ABN 82 057 121 749); Third Defendant: Jian He; Fourth Defendant: Pun Yan Wu; Fifth Defendant: Nai Ming Li
Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Civil / Interlocutory Application for Further and Better Discovery
Outcome
Further and better discovery ordered.
Legal Topics
Discovery, Interlocutory Proceedings, Practice Note SC Eq 11, Obligations After Amendments to Pleadings
Civil Procedure Discovery Interlocutory Proceedings Practice Note SC Eq 11 Obligations After Amendments to Pleadings

Case Brief

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Parties

Alan Timothy Prowse

First Plaintiff

Frank Stewart Farrall (ABN 85 524 880 202)

Second Plaintiff

Rocklands Richfield Limited (ABN 82 057 121 749)

First Defendant

Jian He

Third Defendant

Pun Yan Wu

Fourth Defendant

Nai Ming Li

Fifth Defendant

Procedural Posture

Civil / Interlocutory Application for Further and Better Discovery

Legal Issues

  1. 1 Whether Practice Note SC Eq 11 applies when existing order for discovery has been performed
  2. 2 Whether plaintiffs should be required to provide further and better discovery after amendments to pleadings
  3. 3 Appropriate procedure where issues expand post-discovery

Ratio Decidendi

The plaintiffs should provide further and better discovery to the extent identified, particularly regarding issues raised by amendments to the commercial list response. Existing discovery orders are not displaced by the practice note, and further affidavit discovery is appropriate where informal discovery has supplemented compliance. Discovery obligations extend to new factual issues introduced via amendments to pleadings.

Court Disposition

Further and better discovery ordered.

Orders

  • Plaintiffs to provide further and better discovery as identified in the judgment, specifically in respect of category 2 subparagraphs (a) to (d), and to provide complete copies of previously incomplete documents.
  • Plaintiffs to file and serve a further verified list of documents after completing discovery.