Mclernon Group Insurances Pty Ltd v Biron Corporation Ltd & Anor [1995] FCA 500

Mclernon Group Insurances Pty Ltd v Biron Corporation Ltd & Anor [1995] FCA 500

The revised motion for third party discovery avoids previous overlap with general discovery and targets classes of documents more appropriately obtained through broad discovery obligations. The existence of relevant documents in the hands of the third party supports the order; recall of previous orders is refused, but the amended motion for third party discovery is granted under FCR O15A r8.

Jurisdiction
Australia
Judgment Date
06 July 1995
Procedural Posture
Notice of Motion / Post Interlocutory, Determination of Second Motion Concerning Third Party Discovery
Outcome
Motion for recall of previous orders refused; amended second motion for third party discovery granted.
Legal Topics
['third Party Discovery' 'recall of Orders' 'discovery of Documents' 'federal Court Rules' 'interlocutory Applications']
['civil Procedure'] ['third Party Discovery' 'recall of Orders' 'discovery of Documents' 'federal Court Rules' 'interlocutory Applications']

Case Brief

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Procedural Posture

Notice of Motion / Post Interlocutory, Determination of Second Motion Concerning Third Party Discovery

Legal Issues

  1. 1 ['Whether orders previously made should be recalled' 'Whether revised third party discovery should be ordered' 'Appropriateness of third party discovery under Federal Court Rules O15A r8']

Ratio Decidendi

The revised motion for third party discovery avoids previous overlap with general discovery and targets classes of documents more appropriately obtained through broad discovery obligations. The existence of relevant documents in the hands of the third party supports the order; recall of previous orders is refused, but the amended motion for third party discovery is granted under FCR O15A r8.

Court Disposition

Motion for recall of previous orders refused; amended second motion for third party discovery granted.

Orders

  • ["Respondent's motion dated 9 June 1995 amended to seek relief in paragraph 2 also in the alternative." 'Paragraph 1 of that motion refused.' 'Paterson Ord Minnett Limited to make discovery to respondents of specified classes of documents.' 'Brian Eley of Paterson Ord Minnett Limited to file and serve list and...