Glandore Pty Ltd & ors v Elders Finance & Investment Co. Limited [1985] FCA 376

Glandore Pty Ltd & ors v Elders Finance & Investment Co. Limited [1985] FCA 376

Applicants should have their costs because the respondents' consent implies further discovery is warranted; the applicants' complaints were justified and not adequately addressed, and material filed supports the inference that discovery may have been incomplete.

Parties
First Applicant: GLANDORE PTY LTD; Second Applicant: DAVID HENRY LEITCH; Third Applicant: ALMA MARGARET LEITCH; Fourth Applicant: GARY DAVID LEITCH; Respondents: ELDERS FINANCE AND INVESTMENT CO. LIMITED
Jurisdiction
Australia
Judgment Date
25 July 1985
Procedural Posture
Application for Further and Better Discovery / Interlocutory; Ruling on Costs and Discovery
Outcome
Application for further and better discovery granted; costs awarded to applicants, to be taxed after judgment in principal proceedings.
Legal Topics
Discovery, Costs, Federal Court Procedure
Civil Procedure Discovery Costs Federal Court Procedure

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Parties

GLANDORE PTY LTD

First Applicant

DAVID HENRY LEITCH

Second Applicant

ALMA MARGARET LEITCH

Third Applicant

GARY DAVID LEITCH

Fourth Applicant

ELDERS FINANCE AND INVESTMENT CO. LIMITED

Respondents

Procedural Posture

Application for Further and Better Discovery / Interlocutory; Ruling on Costs and Discovery

Legal Issues

  1. 1 Whether further and better discovery should be ordered
  2. 2 Whether costs of the application should be awarded

Ratio Decidendi

Applicants should have their costs because the respondents' consent implies further discovery is warranted; the applicants' complaints were justified and not adequately addressed, and material filed supports the inference that discovery may have been incomplete.

Court Disposition

Application for further and better discovery granted; costs awarded to applicants, to be taxed after judgment in principal proceedings.

Orders

  • Respondents to make and file a further and better list of documents within seven days, verified by affidavit.
  • Respondents to make and file an affidavit regarding possession, custody, or power of certain classes of documents within seven days.