In the matter of Felan’s Fisheries Pty Limited [2017] NSWSC 1273

In the matter of Felan’s Fisheries Pty Limited [2017] NSWSC 1273

The Plaintiff's discovery application was dismissed because the supporting affidavit did not comply in substance with Practice Note Supreme Court Equity 11: it did not explain why disclosure was necessary for the resolution of the real issues in dispute, did not relate the requested classes of documents to those issues, and did not address likely disclosure costs. In addition, many proposed categories were overbroad, extended beyond the pleaded issues, and sought communications or documents without proper limits of materiality or relevance, so it was not consistent with the just, quick and cheap resolution of the real issues for the Court to edit the categories itself.

Jurisdiction
Australia
Judgment Date
28 August 2017
Procedural Posture
Civil Procedure Discovery Application in the Equity Corporations List / Notice of Motion Filed 7 August 2017 for Orders That the Defendants Give Discovery
Outcome
Plaintiff's Notice of Motion dismissed with costs.
Legal Topics
['discovery' 'disclosure' 'practice Note SC Eq 11' 'affidavit Evidence in Support of Discovery' 'scope of Discovery Categories' 'costs of Disclosure']
['civil Procedure' 'corporations'] ['discovery' 'disclosure' 'practice Note SC Eq 11' 'affidavit Evidence in Support of Discovery' 'scope of Discovery Categories' 'costs of Disclosure']

Case Brief

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Procedural Posture

Civil Procedure Discovery Application in the Equity Corporations List / Notice of Motion Filed 7 August 2017 for Orders That the Defendants Give Discovery

Legal Issues

  1. 1 ["Whether the Plaintiff's affidavit adequately supported its application for discovery under Practice Note Supreme Court Equity 11." 'Whether the proposed discovery categories were necessary for the resolution of the real issues in dispute in the proceedings.' 'Whether the proposed discovery categories were overbroad, including by extending beyond pleaded issues and seeking any and all communications over lengthy periods.']

Ratio Decidendi

The Plaintiff's discovery application was dismissed because the supporting affidavit did not comply in substance with Practice Note Supreme Court Equity 11: it did not explain why disclosure was necessary for the resolution of the real issues in dispute, did not relate the requested classes of documents to those issues, and did not address likely disclosure costs. In addition, many proposed categories were overbroad, extended beyond the pleaded issues, and sought communications or documents without proper limits of materiality or relevance, so it was not consistent with the just, quick and cheap resolution of the real issues for the Court to edit the categories itself.

Court Disposition

Plaintiff's Notice of Motion dismissed with costs.

Orders

  • ["The Plaintiff's Notice of Motion dated 7 August 2017 be dismissed with costs."]