Reilly v Australia and New Zealand Banking Group Limited (No 3) [2020] FCA 1609

Reilly v Australia and New Zealand Banking Group Limited (No 3) [2020] FCA 1609

The Court refused to order QBE to provide discovery of 'known relevant documents' in addition to defined discovery categories, as the category would add complexity and was unnecessary for the fair resolution of the issues. The existing agreed categories were broad and sufficient. The Court allowed discovery for the whole relevant period from 1 January 2010 for categories not limited by statutory restrictions, as the applicants' equity claims for unilateral mistake justified discovery predating statutory limitation periods. The opt out procedure and notice were approved as proposed.

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
05 November 2020
Procedural Posture
Representative Proceeding/class Action / Interlocutory Orders on Discovery and Opt Out Procedure
Outcome
Orders made for further discovery and opt out; interlocutory issues decided with costs reserved.
Legal Topics
Discovery, Opt Out Process, Representative Proceedings, Consumer Credit Insurance, Case Management
Practice and Procedure Banking and Finance Law Insurance Law Commercial Law Discovery Opt Out Process Representative Proceedings Consumer Credit Insurance +1 more

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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/class Action / Interlocutory Orders on Discovery and Opt Out Procedure

Legal Issues

  1. 1 Scope of discovery to be given by respondents, especially QBE
  2. 2 Appropriate categories for discovery (including 'known relevant documents')
  3. 3 Relevant period for discovery for different claims, especially equity-based claims for unilateral mistake

Ratio Decidendi

The Court refused to order QBE to provide discovery of 'known relevant documents' in addition to defined discovery categories, as the category would add complexity and was unnecessary for the fair resolution of the issues. The existing agreed categories were broad and sufficient. The Court allowed discovery for the whole relevant period from 1 January 2010 for categories not limited by statutory restrictions, as the applicants' equity claims for unilateral mistake justified discovery predating statutory limitation periods. The opt out procedure and notice were approved as proposed.

Court Disposition

Orders made for further discovery and opt out; interlocutory issues decided with costs reserved.

Orders

  • Applicants to give discovery per categories in Annexure B by 27 November 2020.
  • First to third respondents to give discovery per Annexure C in tranches by 27 November 2020 and 19 February 2021.