Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1638

Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1638

Because discovery could not feasibly be completed before 14 December 2001 and the factual dispute appeared likely to be substantial, some variation of the timetable was justified. However, given the Court's policy that trial dates should as far as practicable be kept certain, the final hearing was deferred only...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2001
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Case Management Directions Varying Timetable Before Final Hearing
Outcome
Timetable varied; some respondent directions granted, expert report directions declined, final hearing fixed for 25 February 2002, costs reserved.
Legal Topics
['discovery' 'electronic Documents' 'witness Statements' 'expert Evidence' 'case Management Timetable' 'confidentiality Undertaking']
['civil Procedure' 'evidence'] ['discovery' 'electronic Documents' 'witness Statements' 'expert Evidence' 'case Management Timetable' 'confidentiality Undertaking']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Federal Court Civil Proceeding / Interlocutory Case Management Directions Varying Timetable Before Final Hearing

Legal Issues

  1. 1 ['Whether the existing timetable for discovery, witness statements and final hearing should be varied.' 'Whether orders should be made for exchange of expert reports before the commencement of the final hearing.' 'Whether the final hearing date should be deferred from 5 February 2002, and if so for how long.' 'Whether Philip John Ward should be granted access to confidential particulars upon giving a confidentiality undertaking.']

Ratio Decidendi

Because discovery could not feasibly be completed before 14 December 2001 and the factual dispute appeared likely to be substantial, some variation of the timetable was justified. However, given the Court's policy that trial dates should as far as practicable be kept certain, the final hearing was deferred only three weeks to 25 February 2002 rather than to mid-April. Expert report directions were refused because opinion evidence should be given only after the factual context is sufficiently settled.

Court Disposition

Timetable varied; some respondent directions granted, expert report directions declined, final hearing fixed for 25 February 2002, costs reserved.

Orders

  • ['The respondent\'s discovery of documents, save in respect of e-mails and electronic documents, in instalments in accordance with the categories of documents attached to the order of 24 August 2001 and marked "C", be completed on or before 14 December 2001.' 'The respondent give discovery of e-mails and electronic...