Doulle Pty Limited v Clarins S.A. (A company incorporated in France) [2014] NSWSC 1450

Doulle Pty Limited v Clarins S.A. (A company incorporated in France) [2014] NSWSC 1450

The Motion was dismissed because the defendants did not adduce sufficient evidence to establish entitlement to the requested Hague Convention commissioner procedure, the proposed Request did not list documents in the limitative manner identified as relevant to French review, the proposed timetable was unrealistic given the imminent hearing, there was no adequate evidence about which defendants held documents or how the Blocking Statute applied, and the defendants' prior consensual service of affidavit evidence was inconsistent with their asserted need for the procedure.

Jurisdiction
Australia
Judgment Date
20 October 2014
Procedural Posture
Equity Division Commercial List Proceeding; Interlocutory Practice and Procedure Application Concerning Discovery of Information in France / Notice of Motion Heard Ex Tempore Before Imminent Expedited Final Hearing
Outcome
Motion dismissed; defendants/applicants ordered to pay the respondents' costs of the Motion.
Legal Topics
['hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters' 'french Blocking Statute' 'discovery of Documents Located in France' 'appointment of Commissioner' 'letters of Request' 'expedited Hearing Timetable']
['civil Procedure' 'evidence' 'international Judicial Assistance' 'commercial Litigation'] ['hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters' 'french Blocking Statute' 'discovery of Documents Located in France' 'appointment of Commissioner' 'letters of Request' 'expedited Hearing Timetable']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Division Commercial List Proceeding; Interlocutory Practice and Procedure Application Concerning Discovery of Information in France / Notice of Motion Heard Ex Tempore Before Imminent Expedited Final Hearing

Legal Issues

  1. 1 ['Whether the Court should appoint a commissioner for discovery of information located in France under Article 17 of the Hague Convention and request approval from the French Ministry of Justice.' 'Whether the French Blocking Statute justified the proposed procedure for discovery and production of documents for the Australian proceedings.' 'Whether the evidence before the Court was sufficient to establish entitlement to the orders sought.' 'Whether the document requests were sufficiently particular and limitatively enumerated to comply with the French requirements described in the evidence.' 'Whether the proposed process was realistic given the existing consent timetable and the imminent hearing.']

Ratio Decidendi

The Motion was dismissed because the defendants did not adduce sufficient evidence to establish entitlement to the requested Hague Convention commissioner procedure, the proposed Request did not list documents in the limitative manner identified as relevant to French review, the proposed timetable was unrealistic given the imminent hearing, there was no adequate evidence about which defendants held documents or how the Blocking Statute applied, and the defendants' prior consensual service of affidavit evidence was inconsistent with their asserted need for the procedure.

Court Disposition

Motion dismissed; defendants/applicants ordered to pay the respondents' costs of the Motion.

Orders

  • ['The Motion is dismissed.' "The defendants/applicants are to pay the respondents' costs of the Motion."]