Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 3) [2015] FCA 767

Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 3) [2015] FCA 767

Further and better discovery was not warranted in respect of paragraph 1.5 given the verified discovery and affidavits provided by the respondent; however, there were reasonable grounds for being fairly certain that other relevant documents exist in relation to paragraph 2.6, so an order for further and better discovery was made regarding the drawings and documents provided to RPC Technologies Pty Ltd.

Jurisdiction
Australia
Judgment Date
30 July 2015
Procedural Posture
Interlocutory Application / Application for Further and Better Discovery
Outcome
Interlocutory application dismissed in part and allowed in part.
Legal Topics
['discovery' 'interlocutory Applications' 'contract']
['civil Procedure'] ['discovery' 'interlocutory Applications' 'contract']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Further and Better Discovery

Legal Issues

  1. 1 ['Whether the respondent has complied with orders for discovery' 'Whether there are reasonable grounds to order further and better discovery in relation to specific categories of documents']

Ratio Decidendi

Further and better discovery was not warranted in respect of paragraph 1.5 given the verified discovery and affidavits provided by the respondent; however, there were reasonable grounds for being fairly certain that other relevant documents exist in relation to paragraph 2.6, so an order for further and better discovery was made regarding the drawings and documents provided to RPC Technologies Pty Ltd.

Court Disposition

Interlocutory application dismissed in part and allowed in part.

Orders

  • ['Paragraph 2 of the interlocutory application dated 24 April 2015 dismissed subject to order 2.' 'Respondent to provide further and better discovery of drawings and any documents providing the drawings to RPC Technologies Pty Ltd referred to in discovered document number ID LPC.007.001.3097.' "Respondent to pay the...