Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 944

Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 944

Because responsible counsel was of the view that the discovered documents were necessary for use in resolving an actual issue in the Supreme Court proceedings, namely whether a contract was made between Mr Hadid and Mr Burt, the case was taken out of the ordinary and leave should be granted to use the specified discovered documents in those proceedings.

Jurisdiction
Australia
Judgment Date
16 October 1996
Procedural Posture
Notice of Motion for Leave to Use Documents Discovered in These Proceedings for the Purposes of Other Proceedings / Hearing of Notice of Motion
Outcome
Leave granted; no order as to costs.
Legal Topics
['implied Undertaking as to Discovered Documents' 'leave to Use Discovered Documents in Other Proceedings' 'special Circumstances' 'use of Documents in Cross Examination and on Issues in Another Proceeding']
['civil Procedure' 'discovery'] ['implied Undertaking as to Discovered Documents' 'leave to Use Discovered Documents in Other Proceedings' 'special Circumstances' 'use of Documents in Cross Examination and on Issues in Another Proceeding']

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Procedural Posture

Notice of Motion for Leave to Use Documents Discovered in These Proceedings for the Purposes of Other Proceedings / Hearing of Notice of Motion

Legal Issues

  1. 1 ['Whether the applicant should be given leave to use documents discovered by the respondents in these proceedings for the purposes of proceedings in the Supreme Court of New South Wales Commercial Division.' 'Whether the proposed use of the discovered documents amounted to special circumstances taking the matter out of the ordinary course, particularly where the documents were said to relate to a central issue in the Supreme Court proceedings rather than merely to credit.']

Ratio Decidendi

Because responsible counsel was of the view that the discovered documents were necessary for use in resolving an actual issue in the Supreme Court proceedings, namely whether a contract was made between Mr Hadid and Mr Burt, the case was taken out of the ordinary and leave should be granted to use the specified discovered documents in those proceedings.

Court Disposition

Leave granted; no order as to costs.

Orders

  • ['The applicant is granted leave to use the documents discovered by Mr Lenfest, Lenfest Communications Inc, Bain Capital Markets Ltd and Australis Media Ltd in the present proceedings, as detailed in the schedule to the notice of motion, in the Supreme Court of New South Wales Commercial Division for the purposes of...