Leigh-Mardon Pty Ltd v Titan Corporation Ltd and Ors [1996] FCA 976

Leigh-Mardon Pty Ltd v Titan Corporation Ltd and Ors [1996] FCA 976

There was sufficient material before the Court to justify third party discovery because documents held, or formerly held, by the Commonwealth Bank could bear on the bank's knowledge and understanding of the contracts and could lead to evidence relevant to whether the applicant relied on conduct of the respondents, potentially supporting a defence based on reliance.

Jurisdiction
Australia
Judgment Date
06 November 1996
Procedural Posture
Motion for Third Party Discovery / Reasons for Judgment and Orders on Unresolved Paragraph (j) of the Motion
Outcome
Orders for third party discovery made in conformity with the minutes initialled and placed on the Court file.
Legal Topics
['third Party Discovery' 'reliance' 'fishing Expedition' 'costs of Compliance With Discovery Orders']
['civil Procedure'] ['third Party Discovery' 'reliance' 'fishing Expedition' 'costs of Compliance With Discovery Orders']

Case Brief

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Procedural Posture

Motion for Third Party Discovery / Reasons for Judgment and Orders on Unresolved Paragraph (j) of the Motion

Legal Issues

  1. 1 ['Whether the Commonwealth Bank of Australia should be required to give third party discovery in relation to documents bearing on knowledge and reliance.' 'Whether the discovery sought was justified or amounted to a fishing expedition.']

Ratio Decidendi

There was sufficient material before the Court to justify third party discovery because documents held, or formerly held, by the Commonwealth Bank could bear on the bank's knowledge and understanding of the contracts and could lead to evidence relevant to whether the applicant relied on conduct of the respondents, potentially supporting a defence based on reliance.

Court Disposition

Orders for third party discovery made in conformity with the minutes initialled and placed on the Court file.

Orders

  • ['The Commonwealth Bank of Australia is required to put on oath whether there are any documents in existence within paragraphs (i), (ii) and (v) of paragraph (j) of the motion and who has possession of them now, or, if not in the possession of the Commonwealth Bank, who has had them in the past.' 'The respondents...