Alstom Limited v Liberty Mutual Insurance Company [2010] FCA 588

Alstom Limited v Liberty Mutual Insurance Company [2010] FCA 588

The defendants have not established that certain documents are within the plaintiff's power for discovery owing to third party confidentiality; thus, the court will not order production of those documents, but orders plaintiff to request specific documents from CGL for discovery if obtainable, and makes interlocutory discovery orders accordingly.

Parties
Plaintiff: Alstom Limited; First Defendant: Liberty Mutual Insurance Company; Second Defendant: Allianz Australia Insurance Limited; Third Defendant: ACE Insurance Limited; Fourth Defendant: Catlin Syndicate Limited; Fifth Defendant: Tokio Marine Europe
Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Application for Indemnity Under Marine Cargo Insurance Policy / Interlocutory Orders Regarding Discovery and Evidence
Outcome
Defendants' motion partly allowed; discovery orders made, remaining claims dismissed.
Legal Topics
Discovery of Documents, Marine Cargo Insurance, Confidentiality of Third Party Documents, Production of Evidence
Insurance Law Practice and Procedure Discovery of Documents Marine Cargo Insurance Confidentiality of Third Party Documents Production of Evidence

Case Brief

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Parties

Alstom Limited

Plaintiff

Liberty Mutual Insurance Company

First Defendant

Allianz Australia Insurance Limited

Second Defendant

ACE Insurance Limited

Third Defendant

Catlin Syndicate Limited

Fourth Defendant

Tokio Marine Europe

Fifth Defendant

Procedural Posture

Application for Indemnity Under Marine Cargo Insurance Policy / Interlocutory Orders Regarding Discovery and Evidence

Legal Issues

  1. 1 Whether certain documents are within the power of the plaintiff for discovery
  2. 2 Whether witness statements relying on undisclosed documents should be admissible
  3. 3 Contractual rights to obtain third party documents under confidentiality

Ratio Decidendi

The defendants have not established that certain documents are within the plaintiff's power for discovery owing to third party confidentiality; thus, the court will not order production of those documents, but orders plaintiff to request specific documents from CGL for discovery if obtainable, and makes interlocutory discovery orders accordingly.

Court Disposition

Defendants' motion partly allowed; discovery orders made, remaining claims dismissed.

Orders

  • Plaintiff to request specified documents from Crompton Greaves Limited and clarify existence of quality control check list; to give discovery if obtained.
  • Plaintiff to give further and better discovery of documents related to installation decisions and discussions.