Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694

Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694

Because the defendant did not oppose the preliminary discovery order, had cooperated to the maximum extent practicable, and reasonably required court compulsion before disclosing its client's identity after permission was refused, the circumstances were analogous to Norwich Pharmacal and Totalise plc and justified ordering the plaintiff to pay the defendant's costs of the summons and of compliance with the discovery order.

Jurisdiction
Australia
Judgment Date
07 July 2008
Procedural Posture
Application for Preliminary Discovery / Ex Tempore Judgment on Application for Preliminary Discovery; Costs Contested
Outcome
Order for preliminary discovery; plaintiff ordered to pay the defendant's costs of the summons and compliance.
Legal Topics
['preliminary Discovery' "disclosure of Principal's Identity" 'confidentiality' 'norwich Pharmacal Relief' 'costs of Non Adversarial Discovery Application']
['civil Procedure' 'costs' 'equity'] ['preliminary Discovery' "disclosure of Principal's Identity" 'confidentiality' 'norwich Pharmacal Relief' 'costs of Non Adversarial Discovery Application']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Ex Tempore Judgment on Application for Preliminary Discovery; Costs Contested

Legal Issues

  1. 1 ['Whether an order for preliminary discovery should be made under rules 5.2 and 5.3 of the Uniform Civil Procedure Rules 2005.' 'What costs order should be made where the defendant did not oppose preliminary discovery but would not voluntarily disclose the identity of its client without compulsion.']

Ratio Decidendi

Because the defendant did not oppose the preliminary discovery order, had cooperated to the maximum extent practicable, and reasonably required court compulsion before disclosing its client's identity after permission was refused, the circumstances were analogous to Norwich Pharmacal and Totalise plc and justified ordering the plaintiff to pay the defendant's costs of the summons and of compliance with the discovery order.

Court Disposition

Order for preliminary discovery; plaintiff ordered to pay the defendant's costs of the summons and compliance.

Orders

  • ['Within 14 days the defendant give discovery in accordance with rules 5.2 and 5.3 of the Uniform Civil Procedure Rules 2005 of all documents in accordance with the categories of documents specified in annexure A to the summons.' "The plaintiff pay the defendant's costs of the summons." "The plaintiff also pay the...