Crowe Horwath Sydney Pty Ltd v Mark Purtill & Anor [2012] NSWSC 1038

Crowe Horwath Sydney Pty Ltd v Mark Purtill & Anor [2012] NSWSC 1038

Limited orders for discovery granted as plaintiff established a legitimate forensic purpose, provided discovery does not delay trial and is focused on agreed categories. No order for compulsory mediation as parties agreed to voluntary mediation. Orders for discovery expressly limited and costs in the motion to be costs in the proceedings.

Parties
Plaintiff: Crowe Horwath Sydney Pty Ltd; First Defendant: Mark Purtill; Second Defendant: MPP Consulting Pty Ltd
Jurisdiction
Australia
Judgment Date
14 August 2012
Procedural Posture
Interlocutory Application / Motion for Limited Discovery and Mediation Orders
Outcome
Orders for limited discovery granted. No compulsory mediation order. Costs in the motion to be costs in the proceedings.
Legal Topics
Mediation, Discovery, Interlocutory Applications, Restraint of Trade, Verified Discovery, Oppression, Delay in Application
Practice and Procedure Mediation Discovery Interlocutory Applications Restraint of Trade Verified Discovery Oppression Delay in Application

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Parties

Crowe Horwath Sydney Pty Ltd

Plaintiff

Mark Purtill

First Defendant

MPP Consulting Pty Ltd

Second Defendant

Procedural Posture

Interlocutory Application / Motion for Limited Discovery and Mediation Orders

Legal Issues

  1. 1 Whether orders for discovery should be made prior to trial
  2. 2 Whether mediation should be ordered compulsorily at this stage
  3. 3 Whether categories of discovery sought are oppressive or for legitimate forensic purpose

Ratio Decidendi

Limited orders for discovery granted as plaintiff established a legitimate forensic purpose, provided discovery does not delay trial and is focused on agreed categories. No order for compulsory mediation as parties agreed to voluntary mediation. Orders for discovery expressly limited and costs in the motion to be costs in the proceedings.

Court Disposition

Orders for limited discovery granted. No compulsory mediation order. Costs in the motion to be costs in the proceedings.

Orders

  • Dismiss paragraph 2 of the amended notice of motion, but note parties’ agreement to private mediation to occur before 25 September 2012;
  • Refuse order for discovery as to paragraph 1(g) of amended notice of motion;