BT (Australasia) Pty Ltd v State of New South Wales (No 10) [1998] FCA 479

BT (Australasia) Pty Ltd v State of New South Wales (No 10) [1998] FCA 479

Discovery of the categories of documents identified by Telstra is not warranted as they are not relevant to the issues as framed by the pleadings and their production would impose a disproportionate burden on the applicant.

Parties
Applicant: BT AUSTRALASIA PTY LTD; First Respondent: STATE OF NEW SOUTH WALES; Second Respondent: TELSTRA CORPORATION LIMITED; Cross Respondent/cross Claimant: BRITISH TELECOMMUNICATIONS PLC
Jurisdiction
Australia
Judgment Date
07 May 1998
Procedural Posture
Discovery Application / Interlocutory
Outcome
application for discovery dismissed
Legal Topics
Discovery of Documents, Relevance of Evidence, Burden of Discovery
Civil Procedure Discovery of Documents Relevance of Evidence Burden of Discovery

Case Brief

Summary, issues, holding and outcome

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Parties

BT AUSTRALASIA PTY LTD

Applicant

STATE OF NEW SOUTH WALES

First Respondent

TELSTRA CORPORATION LIMITED

Second Respondent

BRITISH TELECOMMUNICATIONS PLC

Cross Respondent/cross Claimant

Procedural Posture

Discovery Application / Interlocutory

Legal Issues

  1. 1 Whether discovery of specified categories of documents should be ordered
  2. 2 Whether the documents sought are relevant to the issues raised by the pleadings
  3. 3 Whether discovery would impose an undue burden on the applicant

Ratio Decidendi

Discovery of the categories of documents identified by Telstra is not warranted as they are not relevant to the issues as framed by the pleadings and their production would impose a disproportionate burden on the applicant.

Court Disposition

application for discovery dismissed

Orders

  • The second respondent's application for discovery of the documents as specified in the revised par 6 of Schedule One to its Notice of Motion dated 2 April 1998, be dismissed.