GMB Research & Development Pty Ltd v Commonwealth of Australia & Anor [1998] FCA 836

GMB Research & Development Pty Ltd v Commonwealth of Australia & Anor [1998] FCA 836

Because the responses to the audit trail questions might reasonably be thought to advance the applicant's case or detract from the Commonwealth's case on whether other tenderers complied with the mandatory audit log requirement, and because there was no substantial production burden or confidentiality difficulty, the Commonwealth was required to provide discovery of the documents specified in paragraph 1(o) of the notice of motion.

Jurisdiction
Australia
Judgment Date
26 May 1998
Procedural Posture
Notice of Motion Seeking Discovery / Interlocutory Discovery Application
Outcome
Applicant's discovery motion granted in relation to paragraph 1(o) of the notice of motion.
Legal Topics
['discovery' 'supplementary Verified List of Documents' 'confidentiality Regime' 'costs of Motion']
['civil Procedure'] ['discovery' 'supplementary Verified List of Documents' 'confidentiality Regime' 'costs of Motion']

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Procedural Posture

Notice of Motion Seeking Discovery / Interlocutory Discovery Application

Legal Issues

  1. 1 ['Whether the Commonwealth should provide discovery of responses to paragraphs 2.6.2.1 and 2.6.2.6 of the request for proposal concerning audit trail questions.' 'Whether those responses might be relevant to the issue of whether other respondents to the request for proposal complied with the mandatory audit log requirement.']

Ratio Decidendi

Because the responses to the audit trail questions might reasonably be thought to advance the applicant's case or detract from the Commonwealth's case on whether other tenderers complied with the mandatory audit log requirement, and because there was no substantial production burden or confidentiality difficulty, the Commonwealth was required to provide discovery of the documents specified in paragraph 1(o) of the notice of motion.

Court Disposition

Applicant's discovery motion granted in relation to paragraph 1(o) of the notice of motion.

Orders

  • ["The Commonwealth is required to file a supplementary verified list of documents incorporating the documents specified in paragraph 1(o) of the applicant's notice of motion." 'The confidentiality regime already in place is to apply to the documents subject to the order.' "The Commonwealth is to pay the applicant's...