Torley v Hyundai Motor Company Australia Pty Limited (No 2) [2023] FCA 1545

Torley v Hyundai Motor Company Australia Pty Limited (No 2) [2023] FCA 1545

Discovery ordered will be limited to specific agreed categories—primarily documents contained in the US Production Set—as that degree of discovery is presently proportionate, justified by the applicants' need to refine their case, and will not impose undue cost or burden. Broader or further discovery for other categories was refused as disproportionate at this stage.

Jurisdiction
Australia
Judgment Date
07 December 2023
Procedural Posture
Interlocutory Application for Discovery / Interlocutory (pre Trial)
Outcome
Application for wider discovery refused; limited discovery ordered as per reasons
Legal Topics
['discovery' 'non Standard Discovery' 'categories of Document Production']
['practice and Procedure'] ['discovery' 'non Standard Discovery' 'categories of Document Production']

Case Brief

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Procedural Posture

Interlocutory Application for Discovery / Interlocutory (pre Trial)

Legal Issues

  1. 1 ['Whether non-standard discovery by categories should be ordered under r 20.15 of the Federal Court Rules 2011 (Cth)' 'Whether discovery should extend to disputed categories of documents' 'Whether scope of discovery should be limited to US Production Set or extended']

Ratio Decidendi

Discovery ordered will be limited to specific agreed categories—primarily documents contained in the US Production Set—as that degree of discovery is presently proportionate, justified by the applicants' need to refine their case, and will not impose undue cost or burden. Broader or further discovery for other categories was refused as disproportionate at this stage.

Court Disposition

Application for wider discovery refused; limited discovery ordered as per reasons

Orders

  • ['By 20 December 2023, the parties bring in agreed orders giving effect to these reasons.']