United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2006] FCA 116

United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2006] FCA 116

Certain categories of documents relied upon to formulate the plaintiffs' claim—particularly those relied on in the affidavits of Mr. Grbin and Mr. Hoskison—are discoverable to permit the defendants to properly test those claims, but overly broad or oppressive requests are rejected.

Parties
First Plaintiff: UNITED SALVAGE PTY LTD; Second Plaintiff: GLADSTONE TUG SERVICES PTY LTD; Third Plaintiff: QUEENSLAND TUG & SALVAGE CO PTY LTD; First Defendant: LOUIS DREYFUS ARMATEURS SNC; Second Defendant: LOUISE DREYFUS ARMATEURS SAS; Third Defendant: SOCIETE ANOYME LOUIS DREYFUS et COMPAGNIE; Fourth Defendant: OLTRAMARE SHIPPING CO SA
Jurisdiction
Australia
Judgment Date
17 February 2006
Procedural Posture
Admiralty / Directions on Discovery
Outcome
Plaintiffs directed to discover specified documents, costs reserved, defendants to submit Short Minutes of orders.
Legal Topics
Discovery, Salvage Reward, Particular Discovery
Admiralty Civil Procedure Discovery Salvage Reward Particular Discovery

Case Brief

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Parties

UNITED SALVAGE PTY LTD

First Plaintiff

GLADSTONE TUG SERVICES PTY LTD

Second Plaintiff

QUEENSLAND TUG & SALVAGE CO PTY LTD

Third Plaintiff

LOUIS DREYFUS ARMATEURS SNC

First Defendant

LOUISE DREYFUS ARMATEURS SAS

Second Defendant

SOCIETE ANOYME LOUIS DREYFUS et COMPAGNIE

Third Defendant

OLTRAMARE SHIPPING CO SA

Fourth Defendant

Procedural Posture

Admiralty / Directions on Discovery

Legal Issues

  1. 1 Whether certain categories of documents should be discovered by the plaintiffs to the defendants relating to salvage reward.

Ratio Decidendi

Certain categories of documents relied upon to formulate the plaintiffs' claim—particularly those relied on in the affidavits of Mr. Grbin and Mr. Hoskison—are discoverable to permit the defendants to properly test those claims, but overly broad or oppressive requests are rejected.

Court Disposition

Plaintiffs directed to discover specified documents, costs reserved, defendants to submit Short Minutes of orders.

Orders

  • Plaintiff to discover the documents as indicated in the reasons incorporating modifications.
  • Costs reserved.