BT (Australasia) Pty Ltd v State of New South Wales & Anor [1996] FCA 190

BT (Australasia) Pty Ltd v State of New South Wales & Anor [1996] FCA 190

Leave granted to the State to join BT plc and file cross-claim; Telstra ordered to pay BTA's costs for particulars; discovery orders made requiring both BTA and the State to provide discovery in verified lists with electronic exchange, confidentiality imposed, progressive discovery allowed given resources and procedural agreements; delay in discovery acceptable given ongoing process and mutual obligations.

Parties
Applicant: BT (Australasia) Pty Ltd; First Respondent: State of New South Wales; Second Respondent: Telstra Corporation Limited
Jurisdiction
Australia
Judgment Date
01 April 1996
Procedural Posture
Interlocutory / Interlocutory Judgment, Orders on Discovery and Motions
Outcome
Interlocutory orders made for discovery, joinder, costs, and confidentiality; leave granted for cross-claim and joinder.
Legal Topics
Discovery, Misleading and Deceptive Conduct, Breach of Contract, Damages, Confidentiality Orders, Joinder of Parties
Contract Law Trade Practices Civil Procedure Discovery Misleading and Deceptive Conduct Breach of Contract Damages Confidentiality Orders +1 more

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Parties

BT (Australasia) Pty Ltd

Applicant

State of New South Wales

First Respondent

Telstra Corporation Limited

Second Respondent

Procedural Posture

Interlocutory / Interlocutory Judgment, Orders on Discovery and Motions

Legal Issues

  1. 1 Whether leave should be granted to the State to join BT plc as second cross-respondent and file cross-claim
  2. 2 Whether costs orders should be made on provision of particulars by Telstra
  3. 3 How discovery obligations between BTA and the State should be managed and limited

Ratio Decidendi

Leave granted to the State to join BT plc and file cross-claim; Telstra ordered to pay BTA's costs for particulars; discovery orders made requiring both BTA and the State to provide discovery in verified lists with electronic exchange, confidentiality imposed, progressive discovery allowed given resources and procedural agreements; delay in discovery acceptable given ongoing process and mutual obligations.

Court Disposition

Interlocutory orders made for discovery, joinder, costs, and confidentiality; leave granted for cross-claim and joinder.

Orders

  • Leave granted to State to join BT plc as second cross-respondent.
  • Leave granted to State to file and serve cross-claim against BTA and BT plc, in form annexed to affidavit of Steven James sworn 16 February 1996.