G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 14) [2024] NSWSC 747

G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 14) [2024] NSWSC 747

CDJV (the discovering party) is to be given the option: to serve affidavits outlining steps taken in relation to relevant discovery issues by a specified deadline, failing which the deponents of affidavits of discovery (Mr Hickman and Ms Hawkins) will be made available for cross-examination limited to those issues. This process accords with the governing principles limiting cross-examination to appropriate cases and provides the discovering party a fair opportunity to address outstanding concerns regarding its discovery process.

Parties
First Plaintiff/cross Defendant/respondent: G&S Engineering Services Pty Ltd; Second Plaintiff/cross Defendant/respondent: DRA Pacific Pty Ltd; Third Cross Defendant/respondent: DRA Group Holdings (Pty) Ltd; Fourth Cross Defendant/respondent: DRA Global Limited; First Defendant/cross Claimant/applicant: MACH Energy Australia Pty Ltd; Second Defendant/cross Claimant/applicant: MACH Mount Pleasant Operations Pty Ltd; Third Defendant/cross Claimant/applicant: J.C.D. Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Procedural Ruling/interlocutory Judgment / Interlocutory/pre Trial
Outcome
Discovering party to have option to file further affidavits or permit cross-examination on limited issues; matter stood over for compliance or orders.
Legal Topics
Discovery, Affidavits of Discovery, Cross Examination
Civil Procedure Discovery Affidavits of Discovery Cross Examination

Case Brief

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Parties

G&S Engineering Services Pty Ltd

First Plaintiff/cross Defendant/respondent

DRA Pacific Pty Ltd

Second Plaintiff/cross Defendant/respondent

DRA Group Holdings (Pty) Ltd

Third Cross Defendant/respondent

DRA Global Limited

Fourth Cross Defendant/respondent

MACH Energy Australia Pty Ltd

First Defendant/cross Claimant/applicant

MACH Mount Pleasant Operations Pty Ltd

Second Defendant/cross Claimant/applicant

J.C.D. Australia Pty Ltd

Third Defendant/cross Claimant/applicant

Procedural Posture

Procedural Ruling/interlocutory Judgment / Interlocutory/pre Trial

Legal Issues

  1. 1 Whether deponents of affidavits of discovery should be made available for cross-examination
  2. 2 Whether discovering party complied with discovery obligations relating to employees' devices
  3. 3 Adequacy of searches for discoverable material

Ratio Decidendi

CDJV (the discovering party) is to be given the option: to serve affidavits outlining steps taken in relation to relevant discovery issues by a specified deadline, failing which the deponents of affidavits of discovery (Mr Hickman and Ms Hawkins) will be made available for cross-examination limited to those issues. This process accords with the governing principles limiting cross-examination to appropriate cases and provides the discovering party a fair opportunity to address outstanding concerns regarding its discovery process.

Court Disposition

Discovering party to have option to file further affidavits or permit cross-examination on limited issues; matter stood over for compliance or orders.

Orders

  • CDJV may serve affidavits by Mr Hickman and/or Ms Hawkins, setting out steps taken on identified discovery issues, by 5pm on 20 June 2024.
  • If affidavits are not served, Mr Hickman and Ms Hawkins to be made available for cross-examination on specific topics.