Ace Hire Aust Pty Limited v ADI Limited [2006] NSWSC 969

Ace Hire Aust Pty Limited v ADI Limited [2006] NSWSC 969

Given the disparity between documents listed by the plaintiff and those discovered by the defendant, and the absence of evidence that all classes of documents have been addressed, the Court found a prima facie case for further inquiry and ordered the defendant's officer to depose on affidavit regarding the steps taken to meet discovery obligations.

Parties
Plaintiff: Ace Hire Aust Pty Limited; Defendant: ADI Limited
Jurisdiction
Australia
Judgment Date
15 September 2006
Procedural Posture
Notice of Motion for Further Discovery / Interlocutory Application; Ex Tempore Judgment
Outcome
Order for defendant's officer to depose as to sufficiency of verified list of documents; costs reserved; matter stands over.
Legal Topics
Additional Discovery, Discovery Obligations, Interlocutory Applications
Practice and Procedure Additional Discovery Discovery Obligations Interlocutory Applications

Case Brief

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Parties

Ace Hire Aust Pty Limited

Plaintiff

ADI Limited

Defendant

Procedural Posture

Notice of Motion for Further Discovery / Interlocutory Application; Ex Tempore Judgment

Legal Issues

  1. 1 Whether the defendant complied with its discovery obligations
  2. 2 Whether further and better discovery should be ordered

Ratio Decidendi

Given the disparity between documents listed by the plaintiff and those discovered by the defendant, and the absence of evidence that all classes of documents have been addressed, the Court found a prima facie case for further inquiry and ordered the defendant's officer to depose on affidavit regarding the steps taken to meet discovery obligations.

Court Disposition

Order for defendant's officer to depose as to sufficiency of verified list of documents; costs reserved; matter stands over.

Orders

  • The company secretary or proper officer of the defendant is to depose by affidavit to the steps taken to ascertain the extent and sufficiency of the documents listed in the defendant’s verified list of documents dated 15 August 2006, and to file and serve that affidavit on or before 29 September 2006.
  • Costs of the motion are reserved.