James v Royal Bank of Scotland Group plc; McKeith v Royal Bank of Scotland Group plc [2013] NSWSC 402

James v Royal Bank of Scotland Group plc; McKeith v Royal Bank of Scotland Group plc [2013] NSWSC 402

Further disclosure was ordered because it was likely to reveal contemporaneous evidence of ABN AMRO's redundancy practices and appointment processes, relevant to the plaintiffs' claims; the costs were justified given the scale of the litigation and the relevance of the documents sought.

Jurisdiction
Australia
Judgment Date
24 April 2013
Procedural Posture
Interlocutory Application / Application for Further Disclosure
Outcome
Further disclosure ordered
Legal Topics
['disclosure' 'litigation' 'redundancy' 'contractual Obligations']
['practice and Procedure' 'equity'] ['disclosure' 'litigation' 'redundancy' 'contractual Obligations']

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Procedural Posture

Interlocutory Application / Application for Further Disclosure

Legal Issues

  1. 1 ['Whether further disclosure of specific categories of documents is necessary for resolution of the real issues in dispute' 'Whether restoration of email boxes and disclosure of business diaries and hardcopy files is justified given costs and relevance']

Ratio Decidendi

Further disclosure was ordered because it was likely to reveal contemporaneous evidence of ABN AMRO's redundancy practices and appointment processes, relevant to the plaintiffs' claims; the costs were justified given the scale of the litigation and the relevance of the documents sought.

Court Disposition

Further disclosure ordered

Orders

  • ['Defendants to restore and disclose email boxes of Mr Daniels and Mr McAlpine for uncontested categories' 'Defendants to search and disclose documents from 36 nominated boxes of hardcopy human resources files' 'Defendants to disclose business or appointment diaries for 2007 and 2008 for Mr McCormick, Mr Workman,...