Leigh-Mardon Pty Ltd v Titan Corp Ltd & Ors [1996] FCA 319

Leigh-Mardon Pty Ltd v Titan Corp Ltd & Ors [1996] FCA 319

Due to the special circumstances and the relevance of the documents sought to key issues in the proceedings, third party discovery should be ordered against the Commonwealth Bank of Australia, except for items identified as premature or unnecessary at this stage.

Parties
Applicant: Leigh-Mardon Pty Ltd; Respondents: Titan Corporation Ltd and Others; Third Party: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
19 April 1996
Procedural Posture
Motion for Third Party Discovery / Interlocutory Application
Outcome
Motion granted in part
Legal Topics
Third Party Discovery, Interpretation of Contract Terms, Misrepresentation, Discovery Process
Civil Procedure Contract Law Trade Practices Third Party Discovery Interpretation of Contract Terms Misrepresentation Discovery Process

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Parties

Leigh-Mardon Pty Ltd

Applicant

Titan Corporation Ltd and Others

Respondents

Commonwealth Bank of Australia

Third Party

Procedural Posture

Motion for Third Party Discovery / Interlocutory Application

Legal Issues

  1. 1 Whether third party discovery should be ordered against the Commonwealth Bank of Australia
  2. 2 Whether the documents sought are relevant to the issues in the proceedings, particularly the meaning of 'keystroke' in the agreement
  3. 3 Whether discovery is premature given the stage of pleadings

Ratio Decidendi

Due to the special circumstances and the relevance of the documents sought to key issues in the proceedings, third party discovery should be ordered against the Commonwealth Bank of Australia, except for items identified as premature or unnecessary at this stage.

Court Disposition

Motion granted in part

Orders

  • On or before 3 May 1996, the Commonwealth Bank of Australia make, file and serve a List of Documents including specified categories (as per paragraphs (a)-(i) of the motion)
  • Respondents to pay reasonable costs on solicitor-client basis, including reserved costs, of CBA of and incidental to the Notice of Motion and compliance