Mykytowych & Ors v Cut Price Deli Pty Ltd & Ors [1995] FCA 115
There was no proper basis to conclude that the parties did not consider themselves bound by the implied obligation regarding discovered documents. No special circumstances or particular commercial sensitivity were shown to justify additional undertakings.
- Jurisdiction
- Australia
- Judgment Date
- 03 March 1995
- Procedural Posture
- Interlocutory Application / Application for Undertakings Prior to Inspection of Documents
- Outcome
- Respondents' motion dismissed. Respondents ordered to pay applicants' costs of and incidental to the motion to be taxed.
- Legal Topics
- ['discovery' 'implied Obligation' 'undertakings Prior to Inspection']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Interlocutory Application / Application for Undertakings Prior to Inspection of Documents
Legal Issues
- 1 ['Whether undertakings should be required from applicants and their witnesses as a condition of inspecting documents discovered by the respondents' 'Whether the implied obligation with respect to discovery is sufficient to address confidentiality concerns']
Ratio Decidendi
There was no proper basis to conclude that the parties did not consider themselves bound by the implied obligation regarding discovered documents. No special circumstances or particular commercial sensitivity were shown to justify additional undertakings.
Court Disposition
Respondents' motion dismissed. Respondents ordered to pay applicants' costs of and incidental to the motion to be taxed.
Orders
- ["The respondents' motion be dismissed." "The respondents pay the applicants' costs of and incidental to the motion to be taxed."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment