Global Intertrade Pty Ltd v Adelaide Festival Centre Trust [1999] FCA 162

Global Intertrade Pty Ltd v Adelaide Festival Centre Trust [1999] FCA 162

The Court found that the affidavit of discovery filed by the respondent did not adequately discharge the obligations imposed by the relevant orders, as it was ambiguous and failed to establish that sufficient enquiry had been made regarding documents no longer in the respondent's possession. The respondent was required to file a further affidavit in compliance with O 15 r 6 of the Federal Court Rules.

Parties
Proposed Applicant: Global Intertrade Pty Ltd; Proposed Respondent: Adelaide Festival Centre Trust
Jurisdiction
Australia
Judgment Date
26 February 1999
Procedural Posture
Practice and Procedure Discovery / Interlocutory/pre Action Discovery Application
Outcome
Application granted in part. Further affidavit of discovery required from respondent.
Legal Topics
Discovery, Affidavits, Pre Action Discovery, Obligations of Corporations in Discovery
Civil Procedure Discovery Affidavits Pre Action Discovery Obligations of Corporations in Discovery

Case Brief

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Parties

Global Intertrade Pty Ltd

Proposed Applicant

Adelaide Festival Centre Trust

Proposed Respondent

Procedural Posture

Practice and Procedure Discovery / Interlocutory/pre Action Discovery Application

Legal Issues

  1. 1 Whether the affidavit of discovery filed by the proposed respondent complies with O 15A r 6 and O 15 r 6 of the Federal Court Rules
  2. 2 Whether appropriate enquiries were made to identify documents previously in the respondent's possession
  3. 3 Whether the individual making the affidavit was properly qualified and had knowledge of the relevant facts

Ratio Decidendi

The Court found that the affidavit of discovery filed by the respondent did not adequately discharge the obligations imposed by the relevant orders, as it was ambiguous and failed to establish that sufficient enquiry had been made regarding documents no longer in the respondent's possession. The respondent was required to file a further affidavit in compliance with O 15 r 6 of the Federal Court Rules.

Court Disposition

Application granted in part. Further affidavit of discovery required from respondent.

Orders

  • A further affidavit of discovery be filed and served by Adelaide Festival Centre Trust in accordance with the form prescribed by O 15 r 6 of the Federal Court Rules within twenty-eight days.
  • The time within which any application for leave to appeal or any appeal from these reasons may be brought shall run from 26 February 1999.