GILES & Anor v COMMONWEALTH OF AUSTRALIA & Ors [2011] NSWSC 582

GILES & Anor v COMMONWEALTH OF AUSTRALIA & Ors [2011] NSWSC 582

The plaintiffs are to provide such particulars as they are able within a specified time, identifying any requests to which they object as improper. The sequence for determination of motions is set by the Court—first objections to particulars, then scope and timing of discovery, appropriateness for representative proceeding, objections to the statement of claim (including the equitable damages claim), and finally, handling of limitation issues. This approach is intended to minimise unnecessary interlocutory disputes and progress the litigation efficiently.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Representative Proceeding (class Action) / Interlocutory—order of Determination for Particulars and Discovery
Outcome
Order as to sequence of dealing with issues in accordance with paragraphs [18]-[22]; orders on filing and service deferred; costs reserved.
Legal Topics
['notices of Motion' 'particulars' 'discovery' 'order of Interlocutory Issues' 'representative Proceedings']
['practice and Procedure'] ['notices of Motion' 'particulars' 'discovery' 'order of Interlocutory Issues' 'representative Proceedings']

Case Brief

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Procedural Posture

Representative Proceeding (class Action) / Interlocutory—order of Determination for Particulars and Discovery

Legal Issues

  1. 1 ['Order of dealing with motions for particulars and discovery' 'Whether particulars must precede discovery' 'Appropriateness of continuing as representative proceeding' 'Issue of striking out parts of statement of claim including equitable damages for breach of fiduciary duty' 'How and when limitation issues for class members are determined']

Ratio Decidendi

The plaintiffs are to provide such particulars as they are able within a specified time, identifying any requests to which they object as improper. The sequence for determination of motions is set by the Court—first objections to particulars, then scope and timing of discovery, appropriateness for representative proceeding, objections to the statement of claim (including the equitable damages claim), and finally, handling of limitation issues. This approach is intended to minimise unnecessary interlocutory disputes and progress the litigation efficiently.

Court Disposition

Order as to sequence of dealing with issues in accordance with paragraphs [18]-[22]; orders on filing and service deferred; costs reserved.

Orders

  • ['Plaintiffs to provide such particulars as they are able within a specified time, identifying objectionable requests.' 'Written submissions required on disputes over particulars and categories of discovery.' 'Hearing to address: objections to particulars, categories and timing of discovery, representative nature of...