Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1186

Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1186

The Court made no order for further discovery because it accepted counsel's assurance, given on behalf of the second respondent's solicitors, that all proper inquiries had been conducted to identify the suspected documents and that no such documents had been identified.

Jurisdiction
Australia
Judgment Date
26 September 1997
Procedural Posture
Proposed Motion for Further Discovery by First Respondent Against Second Respondent / Interlocutory Application
Outcome
No order for further discovery.
Legal Topics
['discovery' 'further Discovery' 'proper Inquiries for Discoverable Documents']
['civil Procedure'] ['discovery' 'further Discovery' 'proper Inquiries for Discoverable Documents']

Case Brief

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Procedural Posture

Proposed Motion for Further Discovery by First Respondent Against Second Respondent / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Court should make an order for further discovery by the first respondent against the second respondent where suspected documents had not been found.' "Whether the second respondent had conducted all proper inquiries to identify the existence of documents referred to in Ms Stiller's affidavit of 3 September 1997."]

Ratio Decidendi

The Court made no order for further discovery because it accepted counsel's assurance, given on behalf of the second respondent's solicitors, that all proper inquiries had been conducted to identify the suspected documents and that no such documents had been identified.

Court Disposition

No order for further discovery.

Orders

  • ['No order for further discovery.']