Kevin Young v The Neil Jenman Group Pty Limited [2015] NSWSC 1908

Procedural Posture

Application for Preliminary Discovery Under UCPR R 5.3 / Principal Judgment

Legal Issues

1. 1 ['Whether the plaintiffs may be entitled to make a claim for relief against the defendants for breach of the deed of settlement.' 'Whether, having made reasonable inquiries, the plaintiffs were unable to obtain sufficient information to decide whether or not to commence proceedings.' 'Whether the defendants may have or have had possession of documents that can assist in determining whether the plaintiffs are entitled to make such a claim.' 'Whether the discovery sought was too broad or should be conditioned to prevent use for defamation or similar reputational claims.']

Ratio Decidendi

The whole of the material gave reasonable cause to believe that Mr Jenman had a part to play in providing information about the plaintiffs to media outlets, mainly if not entirely through Mr Baker, and that Mr Baker may have been Mr Jenman's agent within the deed even if not employed by him. The plaintiffs had made reasonable inquiries and remained unable to obtain sufficient information to decide whether to commence proceedings for breach of the deed. The proposed discovery, understood as directed to communications about the plaintiffs' conduct in the property investment field and subject to a condition about defamation claims, satisfied UCPR r 5.3.

Court Disposition

Order for preliminary discovery made

Orders

• ['An order for preliminary discovery is to be made in the terms sought in the amended summons, subject to hearing the parties on the additional matter raised by the Court.' 'A condition is to be imposed that if, upon inspection of the material produced, the plaintiffs wish to assert a cause of action based on...