D'ARCY v KYRIOS and ORS [1994] NSWCA 75
The plaintiff did not provide a relevant reason why production of the original documentation was needed for the prerogative relief proceedings, so the order for discovery was refused.
- Parties
- Plaintiff: D'Arcy; Defendant: Kyrios
- Jurisdiction
- Australia
- Judgment Date
- 27 June 1994
- Procedural Posture
- Summons for Prerogative Relief / Directions Hearing; Proceeding Stood Over
- Outcome
- Order for discovery refused; directions given; proceedings stood over; costs reserved
- Legal Topics
- Prerogative Relief, Directions, Discovery of Documents
Case Brief
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Parties
D'Arcy
Plaintiff
Kyrios
Defendant
Procedural Posture
Summons for Prerogative Relief / Directions Hearing; Proceeding Stood Over
Legal Issues
- 1 Whether an order for discovery of original birth certificate documentation should be made in prerogative relief proceedings
Ratio Decidendi
The plaintiff did not provide a relevant reason why production of the original documentation was needed for the prerogative relief proceedings, so the order for discovery was refused.
Court Disposition
Order for discovery refused; directions given; proceedings stood over; costs reserved
Orders
- Plaintiff's application for order for discovery refused
- Plaintiff to file affidavits by 25 July 1994
Full Case Text
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