Grifols (HK) Limited v DHL Supply Chain (Australia) Pty Ltd [2020] NSWSC 1504

Grifols (HK) Limited v DHL Supply Chain (Australia) Pty Ltd [2020] NSWSC 1504

The first defendant was required to provide discovery in the modified categories because, apart from category 2 and the accepted difficulty with category 8, the proposed categories were appropriate on the pleadings, were not shown to be oppressive, and ordering discovery would facilitate the just, quick and cheap resolution of the real issues. Category 2 was excluded because the plaintiff had not shown it was necessary at this stage and the unchallenged evidence showed production would be significant, disproportionate and oppressive. Category 16 was limited to the claim form and attached documents. The transfer motion was dismissed because the proceedings were properly commenced in the...

Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Civil Proceedings for Damages for Property Damage and Economic Loss Arising Out of Alleged Breach of Contract and Negligence / Interlocutory Motions for Discovery by the Plaintiff and Transfer From the Common Law Division to the Commercial List in the Equity Division by the First Defendant
Outcome
Plaintiff's discovery motion granted in part; first defendant's transfer motion dismissed; no order as to costs.
Legal Topics
['discovery' 'transfer of Proceedings Between Divisions' 'commercial List' 'common Law Division' 'overriding Purpose' 'property Damage' 'economic Loss' 'contractual Insurance Obligation']
['civil Procedure' 'contract' 'negligence' 'insurance'] ['discovery' 'transfer of Proceedings Between Divisions' 'commercial List' 'common Law Division' 'overriding Purpose' 'property Damage' 'economic Loss' 'contractual Insurance Obligation']

Case Brief

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Procedural Posture

Civil Proceedings for Damages for Property Damage and Economic Loss Arising Out of Alleged Breach of Contract and Negligence / Interlocutory Motions for Discovery by the Plaintiff and Transfer From the Common Law Division to the Commercial List in the Equity Division by the First Defendant

Legal Issues

  1. 1 ['Whether the first defendant should be ordered to provide discovery before service of evidence and despite reliance on Practice Note SC Eq 11.' 'Whether the proposed discovery categories were relevant, necessary and not oppressive, including category 2 concerning negotiation documents and category 16 concerning insurer documents.' 'Whether the proceedings should be transferred from the Common Law Division to the Commercial List in the Equity Division under s 54 of the Supreme Court Act 1970 (NSW).']

Ratio Decidendi

The first defendant was required to provide discovery in the modified categories because, apart from category 2 and the accepted difficulty with category 8, the proposed categories were appropriate on the pleadings, were not shown to be oppressive, and ordering discovery would facilitate the just, quick and cheap resolution of the real issues. Category 2 was excluded because the plaintiff had not shown it was necessary at this stage and the unchallenged evidence showed production would be significant, disproportionate and oppressive. Category 16 was limited to the claim form and attached documents. The transfer motion was dismissed because the proceedings were properly commenced in the...

Court Disposition

Plaintiff's discovery motion granted in part; first defendant's transfer motion dismissed; no order as to costs.

Orders

  • ['The first defendant is to provide discovery in accordance with the suggested categories as modified, that is, not categories 2 and 8 and with category 16 limited to the claim form and any attached documents.' 'The motion filed by the first defendant on 21 August 2020 is dismissed.' 'There be no order as to costs...