Lansell Enterprises Pty Ltd v Kleenmaid Pty Ltd [2006] FCA 1701

Lansell Enterprises Pty Ltd v Kleenmaid Pty Ltd [2006] FCA 1701

The respondent repeatedly failed to comply with discovery orders made on 10 February 2006, 6 June 2006 and 8 September 2006, provided no affidavit evidence satisfactorily explaining the non-compliance, caused substantial prejudice and delay, and acted in a manner amounting to contumelious disregard of the Court's authority. Those circumstances justified a self-executing order compelling full discovery and verification on oath, and justified indemnity costs to be taxed forthwith and paid within seven days after taxation under O 62 r 3(2).

Jurisdiction
Australia
Judgment Date
27 October 2006
Procedural Posture
Interlocutory Application Concerning Non Compliance With Discovery Obligations / Directions Hearing; Application for Self Executing Discovery Orders and Indemnity Costs
Outcome
Application substantially granted; self-executing discovery orders, further directions and indemnity costs orders made against the respondent/cross-claimant.
Legal Topics
['discovery' 'non Compliance With Court Orders' 'self Executing Orders' 'indemnity Costs' 'taxation of Costs Forthwith']
['civil Procedure' 'costs'] ['discovery' 'non Compliance With Court Orders' 'self Executing Orders' 'indemnity Costs' 'taxation of Costs Forthwith']

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Procedural Posture

Interlocutory Application Concerning Non Compliance With Discovery Obligations / Directions Hearing; Application for Self Executing Discovery Orders and Indemnity Costs

Legal Issues

  1. 1 ["Whether the respondent's repeated non-compliance with discovery orders warranted a self-executing order striking out its defence and counterclaim if discovery was not completed by a further deadline." "Whether the respondent should pay the applicant/cross-respondents' costs of specified hearings on an indemnity basis, taxed forthwith and paid within seven days after taxation."]

Ratio Decidendi

The respondent repeatedly failed to comply with discovery orders made on 10 February 2006, 6 June 2006 and 8 September 2006, provided no affidavit evidence satisfactorily explaining the non-compliance, caused substantial prejudice and delay, and acted in a manner amounting to contumelious disregard of the Court's authority. Those circumstances justified a self-executing order compelling full discovery and verification on oath, and justified indemnity costs to be taxed forthwith and paid within seven days after taxation under O 62 r 3(2).

Court Disposition

Application substantially granted; self-executing discovery orders, further directions and indemnity costs orders made against the respondent/cross-claimant.

Orders

  • ["The respondent/cross-claimant comply with paragraphs 2 and 3 of the order of 8 September 2006 by 4.00 pm on 10 November 2006, failing which the respondent/cross-claimant's defence and counterclaim be struck out and judgment entered for the applicant/cross-respondents, and the respondent/cross-claimant pay the...