Liberty Grove (Concord) Pty Limited v Mirvac Projects Pty Limited [2006] NSWSC 1168

Liberty Grove (Concord) Pty Limited v Mirvac Projects Pty Limited [2006] NSWSC 1168

Certain interrogatories are to be ordered on the basis of necessity for understanding accounting documents, but the core entitlement to verification of defendant's calculations is to be determined as a separate question by the Court; remaining aspects of the motion are stood over pending that determination.

Parties
Plaintiff: Liberty Grove (Concord) Pty Limited; Defendant: Mirvac Projects Pty Limited
Jurisdiction
Australia
Judgment Date
09 November 2006
Procedural Posture
Commercial Contractual Dispute / Interlocutory Motion (interrogatories, Separate Question)
Outcome
Partial grant of motion: nominated interrogatories allowed; separate question to be ordered; balance of motion stood over.
Legal Topics
Interrogatories, Separate Question Orders, Contract Interpretation
Civil Procedure Interrogatories Separate Question Orders Contract Interpretation

Case Brief

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Parties

Liberty Grove (Concord) Pty Limited

Plaintiff

Mirvac Projects Pty Limited

Defendant

Procedural Posture

Commercial Contractual Dispute / Interlocutory Motion (interrogatories, Separate Question)

Legal Issues

  1. 1 Whether plaintiff is contractually entitled to verify defendant's calculation of profit on development
  2. 2 Whether interrogatories should be allowed prior to resolution of entitlement to verification
  3. 3 Whether contract yields implied term entitling access to information

Ratio Decidendi

Certain interrogatories are to be ordered on the basis of necessity for understanding accounting documents, but the core entitlement to verification of defendant's calculations is to be determined as a separate question by the Court; remaining aspects of the motion are stood over pending that determination.

Court Disposition

Partial grant of motion: nominated interrogatories allowed; separate question to be ordered; balance of motion stood over.

Orders

  • Liberty permitted to administer nominated interrogatories (questions 2, 3, 5, 7, 8, 9, 10, 11, 12, 13) to Mirvac.
  • Liberty to pay Mirvac's reasonable costs of answering, capped at $15,000 in first instance.