Alto Pty Ltd v General Motors Australia and New Zealand Pty Ltd (formerly GM Holden Pty Ltd) [2022] NSWSC 853

Alto Pty Ltd v General Motors Australia and New Zealand Pty Ltd (formerly GM Holden Pty Ltd) [2022] NSWSC 853

Because the alleged representations were future matters and the defendants asserted reasonable grounds for making them, disclosure was to be given in accordance with the Court's conclusions on the disputed Redfern Schedule categories; Alto was substantially successful on the disputed categories, but many categories were agreed, so the costs of the motion were ordered to be Alto's costs in the cause.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Procedural Ruling in Equity Commercial List Concerning Discovery in an Alleged Misleading or Deceptive Conduct Proceeding / Notice of Motion Filed on 25 March 2022 Seeking Discovery; Disputed Categories Determined After Hearing and Redfern Schedule
Outcome
Disclosure ordered in accordance with the completed Redfern Schedule; costs of the plaintiff's Notice of Motion of 25 March 2022 to be the plaintiff's costs in the cause.
Legal Topics
['discovery' 'disclosure' 'redfern Schedule' 'alleged Misleading or Deceptive Conduct' 'representations as to Future Matters' 'reasonable Grounds for Representations']
['practice and Procedure' 'equity Commercial List' 'consumer Law'] ['discovery' 'disclosure' 'redfern Schedule' 'alleged Misleading or Deceptive Conduct' 'representations as to Future Matters' 'reasonable Grounds for Representations']

Case Brief

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Procedural Posture

Procedural Ruling in Equity Commercial List Concerning Discovery in an Alleged Misleading or Deceptive Conduct Proceeding / Notice of Motion Filed on 25 March 2022 Seeking Discovery; Disputed Categories Determined After Hearing and Redfern Schedule

Legal Issues

  1. 1 ["Whether disclosure should be ordered for disputed categories of documents concerning the defendants' asserted reasonable grounds for alleged future representations." "Whether documents relating to General Motors US approval of budgets, a 2015 comprehensive strategy, vehicle sourcing, the Lang Lang Proving Ground upgrade, and proposed Fishermen's Bend headquarters should be discovered."]

Ratio Decidendi

Because the alleged representations were future matters and the defendants asserted reasonable grounds for making them, disclosure was to be given in accordance with the Court's conclusions on the disputed Redfern Schedule categories; Alto was substantially successful on the disputed categories, but many categories were agreed, so the costs of the motion were ordered to be Alto's costs in the cause.

Court Disposition

Disclosure ordered in accordance with the completed Redfern Schedule; costs of the plaintiff's Notice of Motion of 25 March 2022 to be the plaintiff's costs in the cause.

Orders

  • ['Disclosure be given in accordance with the conclusions in the completed Redfern Schedule.' "The costs of the plaintiff's Notice of Motion of 25 March 2022 be the plaintiff's costs in the cause." 'The proceedings are stood over for directions on 8 July 2022 before the Commercial List Judge.']