Cronin v Norris [2010] NSWSC 434

Cronin v Norris [2010] NSWSC 434

Plaintiffs satisfied the requirements for preliminary discovery only in limited categories and scope. Orders for preliminary discovery were granted for certain documents (MYOB business records, worksheet templates, certain invoices, communications relating to establishment of new business or solicitation), but refused for other categories where evidence showed documents either not relevant, already available, or did not exist. Costs were apportioned to reflect partial success; plaintiffs ordered to pay 50% of defendant's costs.

Jurisdiction
Australia
Judgment Date
29 April 2010
Procedural Posture
Application for Preliminary Discovery / Ex Tempore Judgment on Application
Outcome
Application for preliminary discovery partially allowed; costs apportioned.
Legal Topics
['preliminary Discovery' 'costs']
['practice and Procedure' 'equity'] ['preliminary Discovery' 'costs']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Ex Tempore Judgment on Application

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to preliminary discovery under Part 5.3 of Uniform Civil Procedure Rules 2005 (NSW)' 'Whether plaintiffs have satisfied all requirements for preliminary discovery' 'Appropriate scope of preliminary discovery' 'Entitlement to costs']

Ratio Decidendi

Plaintiffs satisfied the requirements for preliminary discovery only in limited categories and scope. Orders for preliminary discovery were granted for certain documents (MYOB business records, worksheet templates, certain invoices, communications relating to establishment of new business or solicitation), but refused for other categories where evidence showed documents either not relevant, already available, or did not exist. Costs were apportioned to reflect partial success; plaintiffs ordered to pay 50% of defendant's costs.

Court Disposition

Application for preliminary discovery partially allowed; costs apportioned.

Orders

  • ['Order for limited preliminary discovery in categories 1(a), 1(b), 1(c), and limited scope of categories 2 and 3.' 'No order for discovery in categories 1(d), 1(e), and categories 4-8.' "Plaintiffs to pay 50% of defendant's costs on the application and bear their own costs."]