Kestral Trading Pty Ltd v Montano Corp Pty Ltd [2003] FCA 1391

Kestral Trading Pty Ltd v Montano Corp Pty Ltd [2003] FCA 1391

Discovery of documents specified in the applicants' letter is necessary because they are relevant to the pleaded issues of contravention of the Franchising Code of Conduct and Trade Practices Act, and impact on damages and other relief sought.

Parties
Applicant: Kestral Trading Pty Ltd; Applicant: Adam John Hennessy; Applicant: Celia Mary Hennessy; Respondent: Montano Corp Pty Ltd; Respondent: Peter Montano
Jurisdiction
Australia
Judgment Date
08 July 2003
Procedural Posture
Motion / Interlocutory
Outcome
motion granted
Legal Topics
Discovery, Trade Practices Act, Franchising Code of Conduct, Breach of Contract
Commercial Law Franchise Law Discovery Trade Practices Act Franchising Code of Conduct Breach of Contract

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Parties

Kestral Trading Pty Ltd

Applicant

Adam John Hennessy

Applicant

Celia Mary Hennessy

Applicant

Montano Corp Pty Ltd

Respondent

Peter Montano

Respondent

Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 whether respondents must give discovery of documents relating to alleged contraventions of the Franchising Code of Conduct and Trade Practices Act
  2. 2 relevance of documents sought to be discovered in relation to pleadings concerning breach of contract and contravention of statutory obligations

Ratio Decidendi

Discovery of documents specified in the applicants' letter is necessary because they are relevant to the pleaded issues of contravention of the Franchising Code of Conduct and Trade Practices Act, and impact on damages and other relief sought.

Court Disposition

motion granted

Orders

  • The first and second respondents to give discovery with respect to categories 1 to 18 in the letter dated 27 May 2003 by filing and serving an affidavit by 25 July 2003.
  • The respondents to pay the applicants' costs of the applicants' motion, notice of which was filed 11 June 2003.