McLean-Phillips v Carnival plc t/as P&O Cruises Australia (No 2) [2023] FCA 627

Parties

Procedural Posture

Representative Proceedings / Interlocutory Application for Production of Documents

Legal Issues

1. 1 Does the Court have the power to order production of the retainers and costs agreements in the absence of a notice to produce?
2. 2 Are the documents sought relevant to any application for security for costs?

Ratio Decidendi

The Court possesses the power under s 23 of the FCA Act to order production of the documents sought, especially in the context of a foreshadowed security for costs application. The documents in question may reveal relevant information impacting a decision on security for costs, satisfying the appropriate test of relevance, and thus production should be ordered.

Court Disposition

Application granted

Orders

• By 16 June 2023, the applicant is to produce to the respondent's solicitors copies of any retainers and costs agreements between the applicant and her solicitors in relation to these proceedings, and copies of any document comprising or recording an agreement or promise by any person to provide funding, backing,...
• The costs of the application for Order 1 be costs in the cause.