Ryan v Australian Securities and Investments Commission; in the matter of Allstate Explorations NL (Subject to Deed of Company Arrangement) [2006] FCA 1451

Ryan v Australian Securities and Investments Commission; in the matter of Allstate Explorations NL (Subject to Deed of Company Arrangement) [2006] FCA 1451

Reports specifically referred to and identified in the recommendation to the decision-maker are reasonably producible on discovery, as they were material before the decision-maker.

Jurisdiction
Australia
Judgment Date
02 November 2006
Procedural Posture
Practice and Procedure – Discovery / Interlocutory Application
Outcome
Application for discovery of specified reports granted in part.
Legal Topics
['discovery of Documents' 'federal Court Practice']
['civil Procedure'] ['discovery of Documents' 'federal Court Practice']

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Procedural Posture

Practice and Procedure – Discovery / Interlocutory Application

Legal Issues

  1. 1 ['Whether reports specifically referred to in a recommendation to a decision-maker should be produced on discovery']

Ratio Decidendi

Reports specifically referred to and identified in the recommendation to the decision-maker are reasonably producible on discovery, as they were material before the decision-maker.

Court Disposition

Application for discovery of specified reports granted in part.

Orders

  • ["Pursuant to O 15, r 11 of the Federal Court Rules, the first respondent produce for inspection the 'reports contained in SPEAR ID 02-70010', referred to at paragraph 3 of document number 24 of the first respondent's list of documents filed on 20 October 2006."]