Burswood Management Ltd & Anor v Burswood Casino Motel/Hotel [1987] FCA 422

Burswood Management Ltd & Anor v Burswood Casino Motel/Hotel [1987] FCA 422

The late discovery of documents relevant to the issue of reputation does not justify vacating the trial dates, as any prejudice to the respondents can be mitigated by specific orders for provision and inspection of documents.

Parties
Applicant: Burswood Management Limited; Applicant: West Australian Trustees Limited; First Respondent: Burswood Casino Motel/Hotel Pty Ltd; Second Respondent: Francesco Bempasciuto; Third Respondent: Australian Telecommunications Commission
Jurisdiction
Australia
Judgment Date
07 August 1987
Procedural Posture
Application / Interlocutory (directions/orders Following Discovery Motion)
Outcome
Application to vacate trial dates refused; directions given regarding inspection and use of documents; costs of motion to respondents; liberty to apply.
Legal Topics
Discovery, Directions
Civil Procedure Discovery Directions

Case Brief

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Parties

Burswood Management Limited

Applicant

West Australian Trustees Limited

Applicant

Burswood Casino Motel/Hotel Pty Ltd

First Respondent

Francesco Bempasciuto

Second Respondent

Australian Telecommunications Commission

Third Respondent

Procedural Posture

Application / Interlocutory (directions/orders Following Discovery Motion)

Legal Issues

  1. 1 Whether the late discovery of a significant number of documents by the applicants justifies vacating the trial dates
  2. 2 Appropriate directions and orders flowing from late discovery

Ratio Decidendi

The late discovery of documents relevant to the issue of reputation does not justify vacating the trial dates, as any prejudice to the respondents can be mitigated by specific orders for provision and inspection of documents.

Court Disposition

Application to vacate trial dates refused; directions given regarding inspection and use of documents; costs of motion to respondents; liberty to apply.

Orders

  • By 4 pm on Monday, 10 August 1987, the Respondents be provided with a list of documents from those discovered which are intended to be relied upon by the Applicants at trial.
  • Copies of such documents be made available to the Respondents at the Applicants' expense on Monday 10 August 1987.