Leighton Contractors Pty Ltd v Hilton Group plc [2005] FCA 141

Leighton Contractors Pty Ltd v Hilton Group plc [2005] FCA 141

Order 15A proceedings are self-contained as to discovery and inspection of documents, and thus a party may not serve a notice to produce under Order 33 rule 12 in pre-action discovery proceedings under Order 15A; accordingly, such notices to produce must be set aside.

Jurisdiction
Australia
Judgment Date
28 February 2005
Procedural Posture
Application for Pre Action Discovery / Interlocutory; Application to Set Aside Notices to Produce
Outcome
Application granted; notices to produce set aside.
Legal Topics
['pre Action Discovery' 'rules of Court' 'notices to Produce' 'self Contained Code Interpretation']
['civil Procedure'] ['pre Action Discovery' 'rules of Court' 'notices to Produce' 'self Contained Code Interpretation']

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Procedural Posture

Application for Pre Action Discovery / Interlocutory; Application to Set Aside Notices to Produce

Legal Issues

  1. 1 ['Whether respondents may serve a notice to produce under O 33 r 12 in proceedings brought under O 15A of the Federal Court Rules']

Ratio Decidendi

Order 15A proceedings are self-contained as to discovery and inspection of documents, and thus a party may not serve a notice to produce under Order 33 rule 12 in pre-action discovery proceedings under Order 15A; accordingly, such notices to produce must be set aside.

Court Disposition

Application granted; notices to produce set aside.

Orders

  • ['The notice to produce of 24 January 2005 and marked exhibit A in these proceedings be set aside.' 'The notice to produce of 24 January 2005 and marked exhibit B in these proceedings be set aside.' 'The notice to produce of 15 February 2005 and marked exhibit C in these proceedings be set aside.']