Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 3) [2018] FCA 1058

Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 3) [2018] FCA 1058

Orders for further discovery are appropriate only for categories of documents that are 'directly relevant' to the pleaded issues as defined in r 20.14(2) of the Federal Court Rules 2011 (Cth); certain categories identified in each application were found to satisfy this test and orders for discovery were made with respect to those, while other categories were refused as being too broad, irrelevant, or seeking mere 'train of inquiry' documents.

Parties
Plaintiff: Adelaide Brighton Cement Limited; First Defendant: Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement); Second Defendant: Dominic Charles Cantone (Administrator of Concrete Supply Pty Ltd); Third Defendant: Nicholas David Cooper (Administrator of Concrete Supply Pty Ltd); Fourth Defendant: Pelegrino Obbiettivo; Fifth Defendant: Genesio Obbiettivo; Sixth Defendant: Tina Obbiettivo
Jurisdiction
Australia
Judgment Date
17 July 2018
Procedural Posture
Corporations and Corporate Insolvency (discovery Applications) / Interlocutory Application for Further Discovery
Outcome
Interlocutory application for further discovery allowed in part; specific categories of documents to be discovered as ordered; parties to bring in minutes of order reflecting conclusions.
Legal Topics
Discovery, Standard Discovery Requirements, Corporations Law, Contemporaneous Accounting Evidence
Practice and Procedure Corporations Discovery Standard Discovery Requirements Corporations Law Contemporaneous Accounting Evidence

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Parties

Adelaide Brighton Cement Limited

Plaintiff

Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement)

First Defendant

Dominic Charles Cantone (Administrator of Concrete Supply Pty Ltd)

Second Defendant

Nicholas David Cooper (Administrator of Concrete Supply Pty Ltd)

Third Defendant

Pelegrino Obbiettivo

Fourth Defendant

Genesio Obbiettivo

Fifth Defendant

Tina Obbiettivo

Sixth Defendant

Procedural Posture

Corporations and Corporate Insolvency (discovery Applications) / Interlocutory Application for Further Discovery

Legal Issues

  1. 1 Whether further discovery should be ordered relating to specified categories of documents
  2. 2 Scope and meaning of 'direct relevance' under r 20.14 of the Federal Court Rules 2011 (Cth)
  3. 3 Whether applications for further discovery satisfied the requirements for standard discovery

Ratio Decidendi

Orders for further discovery are appropriate only for categories of documents that are 'directly relevant' to the pleaded issues as defined in r 20.14(2) of the Federal Court Rules 2011 (Cth); certain categories identified in each application were found to satisfy this test and orders for discovery were made with respect to those, while other categories were refused as being too broad, irrelevant, or seeking mere 'train of inquiry' documents.

Court Disposition

Interlocutory application for further discovery allowed in part; specific categories of documents to be discovered as ordered; parties to bring in minutes of order reflecting conclusions.

Orders

  • The applicant to each application bring in minutes of order reflecting the conclusions in these reasons.