Hayden, Rodney James & Ors v Teplitzky, David Raymond & Ors [1997] FCA 1577

Hayden, Rodney James & Ors v Teplitzky, David Raymond & Ors [1997] FCA 1577

Grounds for belief must appear to the Court that documents sought relate to a matter in question. Only documents relating to prosecutions and liquidator correspondence were sufficiently shown to be relevant; tax returns and general files were not.

Jurisdiction
Australia
Judgment Date
20 November 1997
Procedural Posture
Motion for Further and Better Discovery / Interlocutory, Reasons for Judgment on Discovery Motion
Outcome
Motion stood over for formal orders; discovery ordered only in relation to correspondence (by agreement), prosecution papers, and liquidator correspondence. No order as to costs.
Legal Topics
['discovery' 'misleading and Deceptive Conduct' 'accessory Liability']
['civil Procedure'] ['discovery' 'misleading and Deceptive Conduct' 'accessory Liability']

Case Brief

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Procedural Posture

Motion for Further and Better Discovery / Interlocutory, Reasons for Judgment on Discovery Motion

Legal Issues

  1. 1 ['Whether the second respondent should be ordered to provide further and better discovery of documents.' 'Relevance of tax returns, correspondence, prosecution documents, general files, and correspondence with liquidator to issues between applicants and Mr Hodge.']

Ratio Decidendi

Grounds for belief must appear to the Court that documents sought relate to a matter in question. Only documents relating to prosecutions and liquidator correspondence were sufficiently shown to be relevant; tax returns and general files were not.

Court Disposition

Motion stood over for formal orders; discovery ordered only in relation to correspondence (by agreement), prosecution papers, and liquidator correspondence. No order as to costs.

Orders

  • ['Motion stood over to 28 November 1997 for formal orders.' 'Order for discovery of prosecution papers and correspondence with liquidator of Burdekin Packers Pty Ltd.']