Proctor & Gamble v Medical Research [2001] NSWSC 183

Proctor & Gamble v Medical Research [2001] NSWSC 183

The court found that, having regard to the thorough explanation of the discovery process, the responses by relevant overseas contacts, and the evidence verifying the plaintiff’s lists, there was no basis to order further discovery for the categories in dispute. The plaintiff’s supplementary discovery, affidavits, and continuing enquiries discharged its obligations. The verifying affidavit is conclusive unless clear evidence shows otherwise, which was not established here.

Parties
Defendant/applicant: Proctor & Gamble Australia Pty Limited; Plaintiff/respondent: Medical Research Pty Ltd
Jurisdiction
Australia
Judgment Date
21 March 2001
Procedural Posture
Interlocutory Application (discovery) / Judgment on Application for Better Discovery
Outcome
Application dismissed
Legal Topics
Discovery, Affidavit of Documents, Interlocutory Applications
Civil Procedure Discovery Affidavit of Documents Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Proctor & Gamble Australia Pty Limited

Defendant/applicant

Medical Research Pty Ltd

Plaintiff/respondent

Procedural Posture

Interlocutory Application (discovery) / Judgment on Application for Better Discovery

Legal Issues

  1. 1 Whether the plaintiff's discovery was sufficient in relation to specified categories of documents
  2. 2 Whether further discovery should be ordered in relation to documents located with related overseas corporations
  3. 3 Whether the affidavit verifying discovery is conclusive absent clear evidence to the contrary

Ratio Decidendi

The court found that, having regard to the thorough explanation of the discovery process, the responses by relevant overseas contacts, and the evidence verifying the plaintiff’s lists, there was no basis to order further discovery for the categories in dispute. The plaintiff’s supplementary discovery, affidavits, and continuing enquiries discharged its obligations. The verifying affidavit is conclusive unless clear evidence shows otherwise, which was not established here.

Court Disposition

Application dismissed

Orders

  • The plaintiff is to pay the defendant’s costs of the application other than the costs of 13 February 2001 as to which no order for costs is made.