Fantid Pty Ltd v Jinyi Xing [2011] NSWSC 401

Fantid Pty Ltd v Jinyi Xing [2011] NSWSC 401

Preliminary discovery was refused because the plaintiff's solicitor's letter showed that the plaintiff was at least very close to having already decided or being able to decide to commence proceedings, and the defendant's sworn oral evidence that he did not retain the plaintiff's information meant an affidavit of discovery would not produce any different result. The order sought would not improve the plaintiff's position or have any utility.

Jurisdiction
Australia
Judgment Date
28 March 2011
Procedural Posture
Application for Preliminary Discovery Under UCPR Rule 5.3 / Summons Heard in Equity Division Duty List
Outcome
Preliminary discovery refused; summons dismissed.
Legal Topics
['preliminary Discovery' 'confidential Information' 'former Employee' 'utility of Discovery Order']
['practice and Procedure' 'civil Procedure' 'employment'] ['preliminary Discovery' 'confidential Information' 'former Employee' 'utility of Discovery Order']

Case Brief

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Procedural Posture

Application for Preliminary Discovery Under UCPR Rule 5.3 / Summons Heard in Equity Division Duty List

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to preliminary discovery under UCPR rule 5.3.' "Whether preliminary discovery would improve the plaintiff's ability to decide whether to commence proceedings against the defendant." "Whether there was any utility in ordering preliminary discovery where the defendant gave sworn oral evidence that he did not retain the plaintiff's information or documents."]

Ratio Decidendi

Preliminary discovery was refused because the plaintiff's solicitor's letter showed that the plaintiff was at least very close to having already decided or being able to decide to commence proceedings, and the defendant's sworn oral evidence that he did not retain the plaintiff's information meant an affidavit of discovery would not produce any different result. The order sought would not improve the plaintiff's position or have any utility.

Court Disposition

Preliminary discovery refused; summons dismissed.

Orders

  • ['The summons is dismissed.' 'Costs of the summons may be costs in any subsequent proceedings if they are brought; otherwise there is no order as to costs, to the intent that each party bear its own costs.']