Trampolines R Great Pty Ltd v Jalco Group Pty Ltd [2024] NSWSC 1644

Trampolines R Great Pty Ltd v Jalco Group Pty Ltd [2024] NSWSC 1644

The documents sought by the plaintiffs in each identified category are relevant to facts in issue as pleaded and as defined by the Uniform Civil Procedure Rules 2005 (NSW), and discovery should be ordered in the interests of justice and for the fair disposal of proceedings, in accordance with established principles and the overriding purpose of the Civil Procedure Act 2005 (NSW).

Parties
First Plaintiff: Trampolines R Great Pty Ltd; Second Plaintiff: FO Franchising Pty Ltd; Third Plaintiff: Teznic Pty Ltd; Fourth Plaintiff: Nick's Happy Days Amusements (Syd Ops) Pty Ltd; First Defendant: Jalco Group Pty Ltd; Second Defendant: Jalco Automotive Pty Ltd; Third Defendant: Jalco Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Civil / Interlocutory Application for Discovery
Outcome
Application for discovery granted
Legal Topics
Discovery, Negligence, Nuisance, Fire Related Property Damage
Civil Procedure Discovery Negligence Nuisance Fire Related Property Damage

Case Brief

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Parties

Trampolines R Great Pty Ltd

First Plaintiff

FO Franchising Pty Ltd

Second Plaintiff

Teznic Pty Ltd

Third Plaintiff

Nick's Happy Days Amusements (Syd Ops) Pty Ltd

Fourth Plaintiff

Jalco Group Pty Ltd

First Defendant

Jalco Automotive Pty Ltd

Second Defendant

Jalco Australia Pty Ltd

Third Defendant

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether categories of documents sought by plaintiffs are relevant to a fact in issue per r 21.2 of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether an order for discovery should be granted against defendants

Ratio Decidendi

The documents sought by the plaintiffs in each identified category are relevant to facts in issue as pleaded and as defined by the Uniform Civil Procedure Rules 2005 (NSW), and discovery should be ordered in the interests of justice and for the fair disposal of proceedings, in accordance with established principles and the overriding purpose of the Civil Procedure Act 2005 (NSW).

Court Disposition

Application for discovery granted

Orders

  • Order pursuant to r 21.2 UCPR that defendants within 28 days give plaintiffs discovery of: (1) The building's Fire Safety Schedule for units C & D; (2) The building's Fire Safety Statement for units C & D; (3) Fire safety plans prepared for units C & D in effect at the time of the fire on 19 March 2021; (4) Work...
  • Costs of and incidental to the plaintiffs' notice of motion filed 11 November 2024 be costs in the cause.