Ginger Roger Pty Ltd v Parrella Enterprises Pty Ltd [2009] FCA 1370

Ginger Roger Pty Ltd v Parrella Enterprises Pty Ltd [2009] FCA 1370

Given the genuine and ongoing efforts by the Third and Fourth Respondents to comply with disclosure obligations, with most material already provided and limited material outstanding, there is insufficient fault to justify ordering them to pay costs; costs should be in the cause.

Parties
First Applicant: Ginger Roger Pty Ltd; Second Applicant: Khimji Trikamji; First Respondent: Parrella Enterprises Pty Ltd; Second Respondent: Steven Robert Parrella; Third Respondent: Famore Business Brokers Pty Ltd; Fourth Respondent: Smiley Fredlyn Radnor Sansoni
Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
General Division Civil Proceedings / Interlocutory Application (notice of Motion) for Discovery Orders and Costs
Outcome
Costs in the cause; parties agreed to supplementary orders for discovery by consent.
Legal Topics
Discovery, Costs, Interlocutory Orders
Civil Procedure Discovery Costs Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Ginger Roger Pty Ltd

First Applicant

Khimji Trikamji

Second Applicant

Parrella Enterprises Pty Ltd

First Respondent

Steven Robert Parrella

Second Respondent

Famore Business Brokers Pty Ltd

Third Respondent

Smiley Fredlyn Radnor Sansoni

Fourth Respondent

Procedural Posture

General Division Civil Proceedings / Interlocutory Application (notice of Motion) for Discovery Orders and Costs

Legal Issues

  1. 1 Whether the Third and Fourth Respondents should file and serve a supplementary list of documents and produce further documents under the Federal Court Rules
  2. 2 Who should bear the costs of the notice of motion for discovery

Ratio Decidendi

Given the genuine and ongoing efforts by the Third and Fourth Respondents to comply with disclosure obligations, with most material already provided and limited material outstanding, there is insufficient fault to justify ordering them to pay costs; costs should be in the cause.

Court Disposition

Costs in the cause; parties agreed to supplementary orders for discovery by consent.

Orders

  • The Third and Fourth Respondents to file and serve a Supplementary List of Documents by 4.00 pm on 27 November 2009.
  • The Third and Fourth Respondents to produce copies of documents referred to in their Supplementary List of Documents, or by affidavit attest to their efforts to locate further disclosure, by 4.00 pm on 27 November 2009.