J & A Vaughan Super Pty Ltd v Becton Property Group Limited [2013] FCA 340

J & A Vaughan Super Pty Ltd v Becton Property Group Limited [2013] FCA 340

In the circumstances, the disposition of costs should not depend on the initiation or outcome of possible later litigation. Preliminary discovery is an extraordinary jurisdiction involving an invasion of the prospective respondent's private affairs, Becton was not shown to have acted unreasonably in failing to give discovery before a court order, and the prospective respondent should not be out-of-pocket for compliance costs. Vaughan Super therefore had to pay Becton's costs of the preliminary discovery application and reasonable costs and expenses of giving discovery and production. Security was refused because the material indicated Vaughan Super had more than sufficient funds to meet...

Jurisdiction
Australia
Judgment Date
15 April 2013
Procedural Posture
Preliminary Discovery Application Under R 7.24 of the Federal Court Rules 2011 (cth) / Costs and Security for Costs Issues Following Agreement to Give Preliminary Discovery
Outcome
Preliminary discovery orders made by consent; Vaughan Super ordered to pay Becton's costs of the application and reasonable costs and expenses of giving discovery and production; Becton's application for security declined; liberty to apply granted.
Legal Topics
['preliminary Discovery' 'costs of Preliminary Discovery Application' 'costs of Compliance With Discovery Orders' 'security for Costs' 'federal Court Rules 2011 (cth) R 7.29']
['civil Procedure' 'costs'] ['preliminary Discovery' 'costs of Preliminary Discovery Application' 'costs of Compliance With Discovery Orders' 'security for Costs' 'federal Court Rules 2011 (cth) R 7.29']

Case Brief

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Procedural Posture

Preliminary Discovery Application Under R 7.24 of the Federal Court Rules 2011 (cth) / Costs and Security for Costs Issues Following Agreement to Give Preliminary Discovery

Legal Issues

  1. 1 ['Who should bear the costs of the application for preliminary discovery.' 'Who should bear the reasonable costs and expenses of complying with the preliminary discovery order.' "Whether the prospective applicant should provide security for the prospective respondent's costs and expenses of giving discovery." 'Whether Becton acted unreasonably in not providing the documents at an earlier date.']

Ratio Decidendi

In the circumstances, the disposition of costs should not depend on the initiation or outcome of possible later litigation. Preliminary discovery is an extraordinary jurisdiction involving an invasion of the prospective respondent's private affairs, Becton was not shown to have acted unreasonably in failing to give discovery before a court order, and the prospective respondent should not be out-of-pocket for compliance costs. Vaughan Super therefore had to pay Becton's costs of the preliminary discovery application and reasonable costs and expenses of giving discovery and production. Security was refused because the material indicated Vaughan Super had more than sufficient funds to meet...

Court Disposition

Preliminary discovery orders made by consent; Vaughan Super ordered to pay Becton's costs of the application and reasonable costs and expenses of giving discovery and production; Becton's application for security declined; liberty to apply granted.

Orders

  • ['Within 35 days of the order, Becton give discovery to Vaughan Super of the categories of documents and communications specified in Order 1(a)-(h).' "The Prospective Applicant pay Becton's reasonable costs and expenses of giving discovery and production in compliance with Order 1." "The Prospective Applicant pay...