Certified Building Specialists Pty Ltd v Drenovac [2019] FCA 575

Certified Building Specialists Pty Ltd v Drenovac [2019] FCA 575

Particular discovery was ordered because the evidence showed that relevant communications and telephone records were likely to exist, the pleaded allegations made the categories relevant to issues in dispute, and the respondents had not shown that compliance would be unduly oppressive given the narrow time period and absence of evidence about burden. Discovery of work records and pro forma or precedent documents was also appropriate, with confidentiality restrictions for the latter. The telephone-record paragraphs of the notices to produce were set aside as superfluous because equivalent particular discovery was ordered, but the notices were otherwise not set aside because non-possession...

Jurisdiction
Australia
Judgment Date
24 April 2019
Procedural Posture
Practice and Procedure Interlocutory Applications Concerning Discovery and Notices to Produce / Interlocutory Application for Particular Discovery Under R 20.21 of the Federal Court Rules 2011 (cth) and Respondents' Interlocutory Application to Set Aside Notices to Produce
Outcome
Applicant's application for particular discovery allowed in part; relief concerning paragraph 1(d) of the amended interlocutory application stood over; respondents' application to set aside notices to produce allowed only as to the telephone-record paragraphs and otherwise dismissed; costs reserved.
Legal Topics
['particular Discovery' 'standard Discovery' 'notices to Produce' 'oppressive Discovery' 'confidential Documents' 'employment Restraints and Confidential Information Allegations']
['practice and Procedure' 'commercial and Corporations' 'commercial Contracts'] ['particular Discovery' 'standard Discovery' 'notices to Produce' 'oppressive Discovery' 'confidential Documents' 'employment Restraints and Confidential Information Allegations']

Case Brief

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Procedural Posture

Practice and Procedure Interlocutory Applications Concerning Discovery and Notices to Produce / Interlocutory Application for Particular Discovery Under R 20.21 of the Federal Court Rules 2011 (cth) and Respondents' Interlocutory Application to Set Aside Notices to Produce

Legal Issues

  1. 1 ['Whether the respondents should provide particular discovery of communications, work records, telephone records, and pro forma or precedent documents.' 'Whether the requested particular discovery was relevant to pleaded issues and whether the documents were likely to exist.' 'Whether compliance with the particular discovery sought would be unduly oppressive.' 'Whether paragraphs of notices to produce seeking telephone records and identified USB devices should be set aside.']

Ratio Decidendi

Particular discovery was ordered because the evidence showed that relevant communications and telephone records were likely to exist, the pleaded allegations made the categories relevant to issues in dispute, and the respondents had not shown that compliance would be unduly oppressive given the narrow time period and absence of evidence about burden. Discovery of work records and pro forma or precedent documents was also appropriate, with confidentiality restrictions for the latter. The telephone-record paragraphs of the notices to produce were set aside as superfluous because equivalent particular discovery was ordered, but the notices were otherwise not set aside because non-possession...

Court Disposition

Applicant's application for particular discovery allowed in part; relief concerning paragraph 1(d) of the amended interlocutory application stood over; respondents' application to set aside notices to produce allowed only as to the telephone-record paragraphs and otherwise dismissed; costs reserved.

Orders

  • ['The respondents are to provide particular discovery of documents pursuant to r 20.21 of the Federal Court Rules 2011 in categories 1(a) to 1(d) stated in the orders.' 'The discovery ordered in order 1 is to be given by 17 May 2019, save for order 1(b), which is to be given by 14 June 2019.' "Subject to agreement...