Expectation Pty Ltd v PRD Realty Pty Ltd [1999] FCA 1207

Expectation Pty Ltd v PRD Realty Pty Ltd [1999] FCA 1207

Documents sought by the applicant are not relevant to any matter in question in the proceedings as pleaded; allegations in paragraph 6 do not support a cause of action, and the commission and financial documents sought do not relate to the issues of formation, content, or breach of contract or fiduciary duty. The inclusion of irrelevant matters in the pleadings does not expand the ambit of discovery, and discovery for the purpose of credit is not permitted.

Jurisdiction
Australia
Judgment Date
02 September 1999
Procedural Posture
Notice of Motion (discovery Application) / Interlocutory Application Determined; Judgment on Discovery Dispute
Outcome
Notice of motion dismissed with costs.
Legal Topics
['discovery' 'relevance of Documents' 'fiduciary Duty' 'agency' 'contracts' 'trade Practices']
['civil Procedure'] ['discovery' 'relevance of Documents' 'fiduciary Duty' 'agency' 'contracts' 'trade Practices']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion (discovery Application) / Interlocutory Application Determined; Judgment on Discovery Dispute

Legal Issues

  1. 1 ['Whether documents sought by applicant are discoverable as relating to a matter in question in the proceeding under Order 15 rules 5 or 8 of the Federal Court Rules' 'Whether documents not going to pleaded issues may be discoverable by reason of being relevant to credit' 'Whether discovery can be ordered in respect of matters pleaded but not giving rise to a cause of action']

Ratio Decidendi

Documents sought by the applicant are not relevant to any matter in question in the proceedings as pleaded; allegations in paragraph 6 do not support a cause of action, and the commission and financial documents sought do not relate to the issues of formation, content, or breach of contract or fiduciary duty. The inclusion of irrelevant matters in the pleadings does not expand the ambit of discovery, and discovery for the purpose of credit is not permitted.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion filed 15 July 1999 is dismissed.' "The applicant is to pay the first and second respondents' costs of and incidental to the notice of motion, to be taxed if not agreed."]