Davidson v McCann WorldGroup Pty Ltd [2011] FCA 627

Davidson v McCann WorldGroup Pty Ltd [2011] FCA 627

Discovery should only be ordered for categories of documents that are sufficiently specific and relevant to the issues in the proceedings; the Court will not exercise its discretion to order discovery for categories that are unduly broad, insufficiently precise, or not clearly related to the matters in dispute. The Court will not redraft overly general discovery categories for the parties. Where parties have agreed on categories, discovery may be ordered in those terms.

Parties
Applicant: Jennifer Davidson; First Respondent: McCann WorldGroup Pty Ltd; Second Respondent: Paul Brown
Jurisdiction
Australia
Judgment Date
07 June 2011
Procedural Posture
Interlocutory Application for Discovery Orders / Ruling on Discovery Application
Outcome
Orders for discovery made in part; applicant's application dismissed in respect of contested categories; costs reserved.
Legal Topics
Discovery, Relevance of Documents, Oppression, Discretion in Discovery
Civil Procedure Discovery Relevance of Documents Oppression Discretion in Discovery

Case Brief

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Parties

Jennifer Davidson

Applicant

McCann WorldGroup Pty Ltd

First Respondent

Paul Brown

Second Respondent

Procedural Posture

Interlocutory Application for Discovery Orders / Ruling on Discovery Application

Legal Issues

  1. 1 Whether the categories of documents sought by the applicant for discovery are drawn with sufficient specificity and relevance to the issues in the proceedings
  2. 2 Whether certain categories of requested discovery are oppressive or unnecessarily broad

Ratio Decidendi

Discovery should only be ordered for categories of documents that are sufficiently specific and relevant to the issues in the proceedings; the Court will not exercise its discretion to order discovery for categories that are unduly broad, insufficiently precise, or not clearly related to the matters in dispute. The Court will not redraft overly general discovery categories for the parties. Where parties have agreed on categories, discovery may be ordered in those terms.

Court Disposition

Orders for discovery made in part; applicant's application dismissed in respect of contested categories; costs reserved.

Orders

  • Respondent to provide discovery within 14 days of (a) agreed email communications between its representatives and the applicant regarding complaints (1 Jan 2005–9 Jan 2007); (b) statutory reports for financial years ending 31 Dec 2005 and 31 Dec 2006 and profit and loss statements for the Universal McCann Division...
  • First and second respondents to provide discovery within 14 days of documents identified in paras 2, 3, 6, 7, 8 and 9 of the List of Categories annexure 'J' to the Affidavit of Sandra Marks sworn 1 April 2011, and certain other communications (as specified). (NSD 451 of 2011)