Ward v C W McFarlane and Company [1917] HCA 3

Ward v C W McFarlane and Company [1917] HCA 3

The application for discovery of documents should not be disposed of ex parte where issue has been joined; notice should be given to the other party unless special reasons exist.

Parties
Plaintiff: Harold Se Kellam Ward; Defendant: C. W. McFarlane & Co.
Jurisdiction
Australia
Judgment Date
06 March 1917
Procedural Posture
Application / Interlocutory (application for Discovery in Chambers)
Outcome
Summons to be taken out
Legal Topics
Discovery of Documents, Ex Parte Application, Notice Requirements
Civil Procedure Discovery of Documents Ex Parte Application Notice Requirements

Case Brief

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Parties

Harold Se Kellam Ward

Plaintiff

C. W. McFarlane & Co.

Defendant

Procedural Posture

Application / Interlocutory (application for Discovery in Chambers)

Legal Issues

  1. 1 Whether an application for discovery of documents may be made ex parte after issue joined
  2. 2 Whether notice is required for a discovery application under Order XXIX, r. 8 of the High Court Rules 1911

Ratio Decidendi

The application for discovery of documents should not be disposed of ex parte where issue has been joined; notice should be given to the other party unless special reasons exist.

Court Disposition

Summons to be taken out

Orders

  • Summons to be taken out (application not granted ex parte)
  • Special leave to appeal refused