Cold Rock Management Pty Ltd v Maerceci Pty Ltd [2011] FCA 850

Cold Rock Management Pty Ltd v Maerceci Pty Ltd [2011] FCA 850

Order for further discovery was made for documents evidencing receipts and payments relating to ice-cream sales and purchases from specified stores for the period 1 July 2009 to date, excluding employee records as not directly relevant to liability or damages at this stage.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 July 2011
Procedural Posture
Application / Interlocutory Orders Regarding Discovery
Outcome
Application for further discovery partially allowed; discovery ordered for specified financial documents, employee records not ordered; costs in proceeding otherwise reserved.
Legal Topics
['discovery' 'further and Better Discovery']
['practice and Procedure'] ['discovery' 'further and Better Discovery']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application / Interlocutory Orders Regarding Discovery

Legal Issues

  1. 1 ['Whether further discovery should be ordered in respect of certain categories of documents' 'Relevance of employee records to liability and damages' 'Scope of documents relevant to assessment of damages or account of profits']

Ratio Decidendi

Order for further discovery was made for documents evidencing receipts and payments relating to ice-cream sales and purchases from specified stores for the period 1 July 2009 to date, excluding employee records as not directly relevant to liability or damages at this stage.

Court Disposition

Application for further discovery partially allowed; discovery ordered for specified financial documents, employee records not ordered; costs in proceeding otherwise reserved.

Orders

  • ['Respondents to provide supplementary list of documents by 28 July 2011 including bank statements, cheque butts, deposit books and related explanations of electronic transfers for relevant period.' "Costs of today's hearing in respect of Notice of Motion to be costs in the proceeding; other costs reserved." 'Notice...