Dorajay Pty Ltd v Aristocrat Leisure Limited [2004] FCA 1113

Dorajay Pty Ltd v Aristocrat Leisure Limited [2004] FCA 1113

The 6 July 2004 discovery orders did not subsume the 7 April 2004 orders, as the later orders were made in contemplation of the earlier categories, the earlier orders had required completion by 6 May 2004, and no application had been made to vacate them. The phrase 'relating to' in category 5 was to be construed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 August 2004
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Notice of Motion Concerning Discovery; Respondent's Notice of Motion for Security for Costs
Outcome
Applicant's discovery motion granted; respondent's security for costs motion dismissed by agreement with no order as to costs.
Legal Topics
['discovery' 'security for Costs' 'costs' 'interpretation of Discovery Categories']
['civil Procedure'] ['discovery' 'security for Costs' 'costs' 'interpretation of Discovery Categories']

Source-derived case record

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Procedural Posture

Federal Court Civil Proceeding / Interlocutory Notice of Motion Concerning Discovery; Respondent's Notice of Motion for Security for Costs

Legal Issues

  1. 1 ['Whether the discovery orders made on 7 April 2004 were subsumed by the comprehensive discovery orders made on 6 July 2004.' "The proper meaning of the phrase 'relating to' in category 5 of Annexure A to the orders of 7 April 2004." "Whether there was any utility in the applicant's motion."]

Ratio Decidendi

The 6 July 2004 discovery orders did not subsume the 7 April 2004 orders, as the later orders were made in contemplation of the earlier categories, the earlier orders had required completion by 6 May 2004, and no application had been made to vacate them. The phrase 'relating to' in category 5 was to be construed broadly and was not confined to documents relied on by the Board or documents referring to the termination. Accordingly, documents within category 5 were required to be discovered in the second and third tranches of discovery, with the respondent to pay the applicant's costs of the motion.

Court Disposition

Applicant's discovery motion granted; respondent's security for costs motion dismissed by agreement with no order as to costs.

Orders

  • ['The documents referred to in Category 5 of Annexure A to the orders of 7 April 2004 be discovered in tranches 2 and 3 of discovery referred to in order 5 of the orders of 6 July 2004.' "The Respondent pay the applicant's costs of this application." 'The notice of motion filed by the respondent on 21 April 2004 for...