Good v Neubacher [2003] NSWSC 518

Good v Neubacher [2003] NSWSC 518

The request for particulars was refused because the particulars already given in paragraph 10 of the statement of claim limited the alleged unconscionable conduct and unjust enrichment to Mr Taylor's murder or unlawful killing of his wife, and the plaintiff accepted that limitation. Discovery was granted because Dr Diamond identified the nature of the material sought and the court was satisfied that there was a sufficient forensic purpose for discovery; the application was not a fishing expedition and it was on the cards that the documents would materially assist the defence.

Jurisdiction
Australia
Judgment Date
17 June 2003
Procedural Posture
Notice of Motion for Review of Registrar's Dismissal of a Request for Particulars, With an Alternative Application for Discovery / Review Under Supreme Court Rules 1970 Pt 61 R 3 Before Trial
Outcome
Order for particulars refused. Order for discovery granted.
Legal Topics
['particulars' 'discovery' 'fishing Expedition' 'joint Tenancy' 'unconscionable Conduct' 'unjust Enrichment']
['civil Procedure' 'equity'] ['particulars' 'discovery' 'fishing Expedition' 'joint Tenancy' 'unconscionable Conduct' 'unjust Enrichment']

Case Brief

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Procedural Posture

Notice of Motion for Review of Registrar's Dismissal of a Request for Particulars, With an Alternative Application for Discovery / Review Under Supreme Court Rules 1970 Pt 61 R 3 Before Trial

Legal Issues

  1. 1 ['Whether the defendant should be given particulars of clinics, medical practitioners, psychologists, psychiatrists or counsellors consulted by Eleanor Frances Taylor.' "Whether the defendant should obtain discovery of documents relating to Eleanor Frances Taylor's treatment or consultations in the years 1997 to 2002." 'Whether the discovery application was a fishing expedition.' 'Whether there was a sufficient forensic purpose for discovery before any cross-claim based on the Forfeiture Act 1995.']

Ratio Decidendi

The request for particulars was refused because the particulars already given in paragraph 10 of the statement of claim limited the alleged unconscionable conduct and unjust enrichment to Mr Taylor's murder or unlawful killing of his wife, and the plaintiff accepted that limitation. Discovery was granted because Dr Diamond identified the nature of the material sought and the court was satisfied that there was a sufficient forensic purpose for discovery; the application was not a fishing expedition and it was on the cards that the documents would materially assist the defence.

Court Disposition

Order for particulars refused. Order for discovery granted.

Orders

  • ["Those portions of the notice of motion seeking to set aside Registrar Howe's decision and seeking orders for the provision of particulars were dismissed." 'Orders were made in terms of the amendment to the notice of motion for discovery.' 'The defendant was ordered to file and serve any cross-claim by 20 June...