Reilly v Australia and New Zealand Banking Group Limited (No 4) [2021] FCA 1552

Reilly v Australia and New Zealand Banking Group Limited (No 4) [2021] FCA 1552

The Court ordered discovery substantially in the form sought by the applicants, with modifications accepted as reasonable regarding policyholder details and premium payment data, finding that the respondents failed to confer reasonably as required and had not justified their proposed broader data category. The respondents were also ordered to pay applicants' costs incurred after 12 November 2021 for this aspect of the application.

Parties
First Applicant: Tracey Reilly; Second Applicant: Catherine Galli; First Respondent: Australia and New Zealand Banking Group Limited ACN 005 357 522; Second Respondent: OnePath Life Limited ACN 009 657 176; Third Respondent: OnePath General Insurance Pty Limited ACN 072 892 365; Fourth Respondent: QBE Insurance (Australia) Limited ACN 003 191 035
Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Representative Proceeding / Interlocutory Application – Discovery Orders
Outcome
Discovery ordered, with costs ordered to applicants for part of application
Legal Topics
Discovery, Case Management, Consumer Credit Insurance, Overarching Obligations in Litigation
Practice & Procedure Regulator and Consumer Protection Commercial Law Discovery Case Management Consumer Credit Insurance Overarching Obligations in Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Tracey Reilly

First Applicant

Catherine Galli

Second Applicant

Australia and New Zealand Banking Group Limited ACN 005 357 522

First Respondent

OnePath Life Limited ACN 009 657 176

Second Respondent

OnePath General Insurance Pty Limited ACN 072 892 365

Third Respondent

QBE Insurance (Australia) Limited ACN 003 191 035

Fourth Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application – Discovery Orders

Legal Issues

  1. 1 Scope and compliance in discovery of data concerning insurance policies in representative consumer credit insurance proceeding
  2. 2 Whether respondents complied with the obligation to confer meaningfully about discovery as required by court orders and statutory obligations
  3. 3 Whether the discovery sought was relevant and proportionate

Ratio Decidendi

The Court ordered discovery substantially in the form sought by the applicants, with modifications accepted as reasonable regarding policyholder details and premium payment data, finding that the respondents failed to confer reasonably as required and had not justified their proposed broader data category. The respondents were also ordered to pay applicants' costs incurred after 12 November 2021 for this aspect of the application.

Court Disposition

Discovery ordered, with costs ordered to applicants for part of application

Orders

  • The first to third respondents are to give discovery by 18 January 2022 of the categories identified in Annexure A, together with a verified list of documents.
  • The fourth respondent is to give discovery by 25 February 2022 of the categories identified in Annexure B, together with a verified list of documents.