Auld v Star Health Group Limited [2020] FCA 1308

Auld v Star Health Group Limited [2020] FCA 1308

The documents sought by the respondents for discovery are necessary and confined to a relevant period, and their production will facilitate the just and efficient resolution of the economic loss claim. Non-standard discovery is appropriate, provided the requirements of r 20.14 continue to apply.

Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Interlocutory Application for Discovery / Determination of Discovery Application
Outcome
Order for non-standard discovery granted substantially in the form sought by respondents.
Legal Topics
['discovery' 'economic Loss' 'adverse Action']
['practice and Procedure' 'employment'] ['discovery' 'economic Loss' 'adverse Action']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application for Discovery / Determination of Discovery Application

Legal Issues

  1. 1 ["Whether non-standard discovery as sought by respondents should be ordered regarding the applicant's claim for economic loss" 'Whether the order for discovery is consistent with Federal Court Rules and the just resolution of the proceeding']

Ratio Decidendi

The documents sought by the respondents for discovery are necessary and confined to a relevant period, and their production will facilitate the just and efficient resolution of the economic loss claim. Non-standard discovery is appropriate, provided the requirements of r 20.14 continue to apply.

Court Disposition

Order for non-standard discovery granted substantially in the form sought by respondents.

Orders

  • ['Within 28 days of the date of this order, the applicant provide the respondents with discovery of all documents evidencing or quantifying: (a) the loss allegedly sustained as a result of the alleged adverse action of the respondents, including during the period of employment; (b) the steps taken by the applicant...