Garnet International Resources Pty Ltd v Barton International Inc [2005] FCA 93

Garnet International Resources Pty Ltd v Barton International Inc [2005] FCA 93

The masked portions of documents claimed as irrelevant or commercially sensitive may be excluded from production for inspection by the applicant, subject to the applicant's liberty to apply to the Court to test the assertions of irrelevance and commercial sensitivity by inspection in accordance with agreed directions.

Parties
Applicant: Garnet International Resources Pty Ltd; First Respondent: Barton International Inc; Second Respondent: GMA Garnet Pty Ltd
Jurisdiction
Australia
Judgment Date
15 February 2005
Procedural Posture
Directions Hearing / Interlocutory Orders Regarding Discovery
Outcome
The applicant's motion for dismissal was adjourned generally, and costs awarded to the applicant. The applicant was granted inspection of specified documents, with masked portions excluded subject to liberty to apply. The first respondent's motion for leave to amend its defence and cross-claim was adjourned. The...
Legal Topics
Discovery, Document Production, Commercial Sensitivity, Discretionary Power, Fair Trial
Civil Procedure Discovery Document Production Commercial Sensitivity Discretionary Power Fair Trial

Case Brief

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Parties

Garnet International Resources Pty Ltd

Applicant

Barton International Inc

First Respondent

GMA Garnet Pty Ltd

Second Respondent

Procedural Posture

Directions Hearing / Interlocutory Orders Regarding Discovery

Legal Issues

  1. 1 Whether masked portions of discovered documents should be produced for inspection
  2. 2 Whether claims of irrelevance and commercial sensitivity justify non-production of redacted portions
  3. 3 Whether order for discovery should be varied

Ratio Decidendi

The masked portions of documents claimed as irrelevant or commercially sensitive may be excluded from production for inspection by the applicant, subject to the applicant's liberty to apply to the Court to test the assertions of irrelevance and commercial sensitivity by inspection in accordance with agreed directions.

Court Disposition

The applicant's motion for dismissal was adjourned generally, and costs awarded to the applicant. The applicant was granted inspection of specified documents, with masked portions excluded subject to liberty to apply. The first respondent's motion for leave to amend its defence and cross-claim was adjourned. The...

Orders

  • Applicant's motion for dismissal adjourned generally
  • First respondent to pay applicant's costs of the motion for dismissal