Hastwell v Kott Gunning (No 4) [2019] FCA 1805

Hastwell v Kott Gunning (No 4) [2019] FCA 1805

Leave to appeal was refused because none of Mr Hastwell's seven proposed grounds demonstrated sufficient doubt about the correctness of the interlocutory discovery decision, substantial injustice was not shown, and the challenged orders concerned practice and procedure. Kott Gunning was substantially successful in the relevant case management hearings and interlocutory applications, so it was entitled to costs in any event, subject to a 15% reduction for the applicant's limited success on itemisation of privileged documents.

Jurisdiction
Australia
Judgment Date
04 November 2019
Procedural Posture
Oral Application for Leave to Appeal From Interlocutory Discovery Orders and Determination of Reserved Costs / Leave to Appeal Dismissed; Costs Orders Made
Outcome
Application for leave to appeal dismissed; respondent awarded costs of the leave application and specified case management and interlocutory application costs in any event.
Legal Topics
['leave to Appeal From Interlocutory Judgment' 'discovery' 'itemisation of Discovered Documents' 'supplementary Discovery' 'harman Undertaking' 'costs of Case Management Hearings and Interlocutory Applications']
['practice and Procedure' 'costs' 'employment & Industrial Relations'] ['leave to Appeal From Interlocutory Judgment' 'discovery' 'itemisation of Discovered Documents' 'supplementary Discovery' 'harman Undertaking' 'costs of Case Management Hearings and Interlocutory Applications']

Case Brief

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Procedural Posture

Oral Application for Leave to Appeal From Interlocutory Discovery Orders and Determination of Reserved Costs / Leave to Appeal Dismissed; Costs Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from interlocutory discovery orders made after Hastwell v Kott Gunning (No 3) [2019] FCA 1641.' 'Whether the primary discovery decision was attended by sufficient doubt to warrant reconsideration by the Full Court.' 'Whether substantial injustice would result if leave to appeal were refused.' 'Whether the respondent should receive costs of case management hearings and interlocutory discovery applications.']

Ratio Decidendi

Leave to appeal was refused because none of Mr Hastwell's seven proposed grounds demonstrated sufficient doubt about the correctness of the interlocutory discovery decision, substantial injustice was not shown, and the challenged orders concerned practice and procedure. Kott Gunning was substantially successful in the relevant case management hearings and interlocutory applications, so it was entitled to costs in any event, subject to a 15% reduction for the applicant's limited success on itemisation of privileged documents.

Court Disposition

Application for leave to appeal dismissed; respondent awarded costs of the leave application and specified case management and interlocutory application costs in any event.

Orders

  • ["The applicant's application for leave to appeal is dismissed." "The applicant must pay the respondent's costs of the application for leave to appeal in any event." "The costs of and incidental to the case management hearing of 15 February 2019 are the respondent's costs in any event." "The costs of and incidental...