Airways Corporation of New Zealand & Anor v The Present Partners of Pricewaterhouse Coopers Legal & Anor [2002] NSWSC 521

Airways Corporation of New Zealand & Anor v The Present Partners of Pricewaterhouse Coopers Legal & Anor [2002] NSWSC 521

Because the defendants had provided information identifying Ezekiel Trumper as the author and transmitter of the emails, an order for preliminary discovery would be superfluous; the plaintiffs' further request for documents sought evidence rather than identification material and was outside SCR Part 3 Rule 1. However, the defendants had resisted the application on grounds that failed despite having been able to provide the identifying information, so they were ordered to pay the plaintiffs' costs of litigating the application, while the plaintiffs were ordered to pay the defendants' reasonable costs and expenses of providing the information.

Jurisdiction
Australia
Judgment Date
11 June 2002
Procedural Posture
Application for Preliminary Discovery Under SCR Part 3 Rule 1 / Relisted for Settlement of Orders and Costs After Judgment on the Application
Outcome
Undertakings noted; no preliminary discovery order made; costs orders made for the application and provision of information.
Legal Topics
['preliminary Discovery to Identify Publisher of Internet Material' 'preservation Undertakings' 'costs of Preliminary Discovery Application' 'costs and Expenses of Providing Information']
['civil Procedure' 'preliminary Discovery' 'defamation'] ['preliminary Discovery to Identify Publisher of Internet Material' 'preservation Undertakings' 'costs of Preliminary Discovery Application' 'costs and Expenses of Providing Information']

Case Brief

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Procedural Posture

Application for Preliminary Discovery Under SCR Part 3 Rule 1 / Relisted for Settlement of Orders and Costs After Judgment on the Application

Legal Issues

  1. 1 ['Whether an order for preliminary discovery remained necessary after the defendants provided a signed statement identifying the author and transmitter of the email messages.' 'Whether the plaintiffs were entitled to production of relevant documentation beyond information identifying the person responsible.' 'What costs orders should be made for the preliminary discovery application and for locating and providing the information.']

Ratio Decidendi

Because the defendants had provided information identifying Ezekiel Trumper as the author and transmitter of the emails, an order for preliminary discovery would be superfluous; the plaintiffs' further request for documents sought evidence rather than identification material and was outside SCR Part 3 Rule 1. However, the defendants had resisted the application on grounds that failed despite having been able to provide the identifying information, so they were ordered to pay the plaintiffs' costs of litigating the application, while the plaintiffs were ordered to pay the defendants' reasonable costs and expenses of providing the information.

Court Disposition

Undertakings noted; no preliminary discovery order made; costs orders made for the application and provision of information.

Orders

  • ['The undertakings given on behalf of the defendants to the plaintiffs, read onto the Court transcript and to be supplied to the Court, were noted.' "Liberty was granted to the parties to apply for a variation of or release from that undertaking on two days' notice." "The defendants were ordered to pay the...