Procter v Kalivis (No 2) [2009] FCA 1517

The amendments to the existing discovery order are justified: email transmissions, tax invoices, and other requests for payment fall within the scope of the original order, and the further categories of discovery sought by the applicants should be allowed to ensure transparency regarding the application of funds.

Jurisdiction: Australia
Judgment Date: 17 December 2009
Procedural Posture: Notice of Motion/interlocutory Application / Application for Further and Better Discovery; Amendment of Discovery Orders
Outcome: Application for amendment of discovery orders granted. Leave granted to make submissions as to the form of orders.
Legal Topics: []

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Procedural Posture

Notice of Motion/interlocutory Application / Application for Further and Better Discovery; Amendment of Discovery Orders

Legal Issues

1 ['Whether documents such as email transmissions, tax invoices, or requests for payment fall within existing discovery orders' 'Whether paragraph 1.11 of the existing discovery order should be amended to clarify discovery obligations regarding specific bank loan facilities' 'Whether the respondents should be required to make further discovery of documents regarding withdrawal and transfer of funds between specified bank accounts']

Ratio Decidendi

Court Disposition

Application for amendment of discovery orders granted. Leave granted to make submissions as to the form of orders.

Orders

['The parties have leave to make submissions as to the appropriate orders in light of these reasons.' 'Existing discovery order to be amended as set out in the reasons.']