CIMIC Group Limited v AIG Australia Limited [2021] NSWSC 1338

CIMIC Group Limited v AIG Australia Limited [2021] NSWSC 1338

An order for general discovery against the sixth and eighth defendants is not justified because there is insufficient likelihood they possess documents relevant to issues between CIMIC and the 2011 Insurers, and proper procedure is targeted discovery or notice to produce for specific documents where relevance can be demonstrated.

Jurisdiction
Australia
Judgment Date
19 October 2021
Procedural Posture
Equity Commercial List / Interlocutory Application (notice of Motion)
Outcome
Plaintiff's notice of motion dismissed with costs
Legal Topics
['discovery' 'general Discovery Orders' 'insurance Contracts']
['civil Procedure'] ['discovery' 'general Discovery Orders' 'insurance Contracts']

Case Brief

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Procedural Posture

Equity Commercial List / Interlocutory Application (notice of Motion)

Legal Issues

  1. 1 ['Whether general discovery should be ordered against the sixth and eighth defendants' 'Relevance of documents in possession of sixth and eighth defendants to claims against other defendants' 'Appropriateness of general discovery versus targeted discovery']

Ratio Decidendi

An order for general discovery against the sixth and eighth defendants is not justified because there is insufficient likelihood they possess documents relevant to issues between CIMIC and the 2011 Insurers, and proper procedure is targeted discovery or notice to produce for specific documents where relevance can be demonstrated.

Court Disposition

Plaintiff's notice of motion dismissed with costs

Orders

  • ["Plaintiff's notice of motion filed 6 October 2021 dismissed with costs"]