McGoldrick v SportsTG Pty Limited [2019] NSWSC 1154

McGoldrick v SportsTG Pty Limited [2019] NSWSC 1154

The Court made the Sabre order because the documents sought were relevant to the reasons for non-payment of the plaintiff's sign-on bonus and termination of his employment, were likely to exist in the possession of Spay Inc or related parties, were necessary for the fair disposal of the proceedings, and the close relationship between Spay and the defendant, including overlapping directors and Spay's prior assistance in the litigation, supported a real likelihood that a request backed by an order could obtain access; any hardship was addressed by requiring the plaintiff to pay the reasonable costs of the Other Parties in searching for and producing the documents.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Civil Procedure Application for Discovery; Sabre Order / Amended Notice of Motion Filed 14 February 2019 Seeking Orders Requiring the Defendant to Request Documents From Spay Inc and Related Entities After Discovery Orders Made on 9 November 2018 and 12 February 2019
Outcome
Plaintiff's amended notice of motion for a Sabre order granted in modified form; defendant ordered to pay the plaintiff's costs of the notice of motion.
Legal Topics
['further and Better Discovery' 'sabre Order' 'documents Held by Parent Company or Related Bodies Corporate' 'sign on Bonus Under Executive Services Agreement' 'misleading and Deceptive Conduct' 'director Duties']
['civil Procedure' 'discovery' 'employment Law' 'australian Consumer Law'] ['further and Better Discovery' 'sabre Order' 'documents Held by Parent Company or Related Bodies Corporate' 'sign on Bonus Under Executive Services Agreement' 'misleading and Deceptive Conduct' 'director Duties']

Case Brief

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Procedural Posture

Civil Procedure Application for Discovery; Sabre Order / Amended Notice of Motion Filed 14 February 2019 Seeking Orders Requiring the Defendant to Request Documents From Spay Inc and Related Entities After Discovery Orders Made on 9 November 2018 and 12 February 2019

Legal Issues

  1. 1 ['Whether the Court should make a Sabre order requiring the defendant to request documents from Spay Inc and related entities, directors, officers or employees.' 'Whether there was a likelihood that relevant documents existed in the possession of Spay Inc or related parties.' 'Whether there was a real likelihood that the defendant would be given access to the documents upon request.' 'Whether the documents were relevant and necessary for disposing fairly of the proceedings.' 'Whether the proposed order would occasion oppression or hardship to the third parties.']

Ratio Decidendi

The Court made the Sabre order because the documents sought were relevant to the reasons for non-payment of the plaintiff's sign-on bonus and termination of his employment, were likely to exist in the possession of Spay Inc or related parties, were necessary for the fair disposal of the proceedings, and the close relationship between Spay and the defendant, including overlapping directors and Spay's prior assistance in the litigation, supported a real likelihood that a request backed by an order could obtain access; any hardship was addressed by requiring the plaintiff to pay the reasonable costs of the Other Parties in searching for and producing the documents.

Court Disposition

Plaintiff's amended notice of motion for a Sabre order granted in modified form; defendant ordered to pay the plaintiff's costs of the notice of motion.

Orders

  • ['If and to the extent that the defendant identifies that any documents or categories of documents sought for discovery by the plaintiff and ordered by the Court to be discovered on 9 November 2018 and 12 February 2019 are not within the possession of the defendant but which the defendant reasonably believes are or...