Badenoch v Granite Transformations Pty Limited and Ors [2022] NSWDDT 8

Badenoch v Granite Transformations Pty Limited and Ors [2022] NSWDDT 8

The Tribunal ordered verified discovery because the first defendant had placed relevant matters in issue, including by its amended defence, and the requested documents were relevant to issues between the plaintiff and the first defendant. The documents might provide additional information going to those issues and were necessary to ensure the issues in dispute were properly tried. The Tribunal was not satisfied that the categories were so wide as to be a fishing expedition or oppressive, although date amendments proposed by the first defendant were accepted.

Jurisdiction
Australia
Judgment Date
07 December 2022
Procedural Posture
Dust Diseases Personal Injury Proceedings; Procedural Ruling on Discovery / Notice of Motion for Verified Discovery
Outcome
Motion granted in part against the first defendant; verified discovery ordered, with costs in the cause.
Legal Topics
['discovery' 'verified Discovery' 'facts in Issue' 'relevance' 'pre Trial Procedure' 'silica Dust Exposure']
['civil Procedure' 'dust Diseases' 'personal Injury'] ['discovery' 'verified Discovery' 'facts in Issue' 'relevance' 'pre Trial Procedure' 'silica Dust Exposure']

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

Dust Diseases Personal Injury Proceedings; Procedural Ruling on Discovery / Notice of Motion for Verified Discovery

Legal Issues

  1. 1 ['Whether the first defendant should be ordered to provide verified discovery of the identified classes of documents.' 'Whether the requested documents were relevant to facts in issue between the plaintiff and the first defendant.' 'Whether discovery was inappropriate because the matter was ready for hearing and documents could be sought by subpoena or notice to produce.' 'Whether the plaintiff had to demonstrate special reasons for discovery in Dust Diseases Tribunal proceedings.' 'Whether the requested discovery was a fishing expedition, chain of enquiry, or oppressive.']

Ratio Decidendi

The Tribunal ordered verified discovery because the first defendant had placed relevant matters in issue, including by its amended defence, and the requested documents were relevant to issues between the plaintiff and the first defendant. The documents might provide additional information going to those issues and were necessary to ensure the issues in dispute were properly tried. The Tribunal was not satisfied that the categories were so wide as to be a fishing expedition or oppressive, although date amendments proposed by the first defendant were accepted.

Court Disposition

Motion granted in part against the first defendant; verified discovery ordered, with costs in the cause.

Orders

  • ['The first defendant provide verified discovery of the specified classes of documents by 16 January 2023, unless previously provided formally or otherwise.' 'Costs of the Motion to be costs in the cause.' 'Matter listed for directions on 13 February 2023.' 'Liberty to apply.']