Betfair Pty Limited v Racing New South Wales (No 2) [2009] FCA 195

Betfair Pty Limited v Racing New South Wales (No 2) [2009] FCA 195

Where a party refers in its pleading to documents, even if responsive to another party's reference to the same documents, it is obliged under Order 15 rule 10 to produce them unless grounds such as privilege, lack of possession, or other valid reasons apply. Production was necessary and in the interests of justice; thus, the order for production was justified.

Parties
Applicant: Betfair Pty Limited; First Respondent: Racing New South Wales; Second Respondent: Harness Racing New South Wales; Intervenor: Attorney General for New South Wales
Jurisdiction
Australia
Judgment Date
04 March 2009
Procedural Posture
Application (discovery/interlocutory) / Interlocutory (order for Production of Documents)
Outcome
Order for production of documents granted
Legal Topics
Discovery, Production of Documents, Order 15 Rule 10, Order 15 Rule 11
Civil Procedure Discovery Production of Documents Order 15 Rule 10 Order 15 Rule 11

Case Brief

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Parties

Betfair Pty Limited

Applicant

Racing New South Wales

First Respondent

Harness Racing New South Wales

Second Respondent

Attorney General for New South Wales

Intervenor

Procedural Posture

Application (discovery/interlocutory) / Interlocutory (order for Production of Documents)

Legal Issues

  1. 1 Whether respondents are obliged to produce documents referred to in their defence under Order 15 rule 10
  2. 2 Whether production of documents is necessary under Order 15 rule 15
  3. 3 Whether references to documents previously referred to in pleadings affect operation of Order 15 rule 10

Ratio Decidendi

Where a party refers in its pleading to documents, even if responsive to another party's reference to the same documents, it is obliged under Order 15 rule 10 to produce them unless grounds such as privilege, lack of possession, or other valid reasons apply. Production was necessary and in the interests of justice; thus, the order for production was justified.

Court Disposition

Order for production of documents granted

Orders

  • Respondents to produce documents sought in applicant's notice to produce dated 27 January 2009 by 27 February 2009.