Mulley v Manifold [1959] HCA 23

Mulley v Manifold [1959] HCA 23

The pleaded case asserted invalidity of the committee's by-law 37 decision only because the plaintiffs were not given notice and an opportunity to be heard. On that pleading, the sought documents about the calling, conduct, minutes, materials and discussion of the committee meeting were not material to any issue, and the defendant's affidavits did not disclose a misconception warranting general further discovery under O. 32, r. 13. A limited O. 32, r. 18 order was appropriate for licences or records of licences referred to in the pleadings. Mulley's proposed amendments were refused because they would change the character of the action, were directed to obtaining otherwise unavailable...

Jurisdiction
Australia
Procedural Posture
Civil Action Seeking Declaration and Injunctions / Interlocutory Applications for Further Discovery and Amendments to Pleadings
Outcome
The applications for further discovery were refused except for a limited order concerning licences or records of licences; the defendant's applications to amend the defences were granted; Mulley's application to amend his statement of claim and reply was refused; the defendant was awarded costs of opposing the...
Legal Topics
['further Discovery Under O. 32, Rr. 13 and 18' 'affidavit of Discovery' 'materiality of Documents to Pleaded Issues' 'amendment of Pleadings' 'victoria Racing Club by Law 37' 'notice and Opportunity to Be Heard']
['civil Procedure' 'discovery' 'associations and Clubs' 'natural Justice'] ['further Discovery Under O. 32, Rr. 13 and 18' 'affidavit of Discovery' 'materiality of Documents to Pleaded Issues' 'amendment of Pleadings' 'victoria Racing Club by Law 37' 'notice and Opportunity to Be Heard']

Case Brief

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Procedural Posture

Civil Action Seeking Declaration and Injunctions / Interlocutory Applications for Further Discovery and Amendments to Pleadings

Legal Issues

  1. 1 ['Whether the plaintiffs were entitled to further discovery in general terms under O. 32, r. 13.' 'Whether particular discovery should be ordered under O. 32, r. 18 for licences or records of licences granted to the plaintiffs.' 'Whether documents concerning notice, calling of the committee meeting, minutes, reports, material considered and discussion were discoverable on the pleadings as they stood.' 'Whether the plaintiff Mulley should be permitted to amend his statement of claim and reply to allege that the committee acted arbitrarily, capriciously or otherwise invalidly.' 'Whether the defendant should be permitted to amend each defence to admit specified paragraphs of each statement of claim.']

Ratio Decidendi

The pleaded case asserted invalidity of the committee's by-law 37 decision only because the plaintiffs were not given notice and an opportunity to be heard. On that pleading, the sought documents about the calling, conduct, minutes, materials and discussion of the committee meeting were not material to any issue, and the defendant's affidavits did not disclose a misconception warranting general further discovery under O. 32, r. 13. A limited O. 32, r. 18 order was appropriate for licences or records of licences referred to in the pleadings. Mulley's proposed amendments were refused because they would change the character of the action, were directed to obtaining otherwise unavailable...

Court Disposition

The applications for further discovery were refused except for a limited order concerning licences or records of licences; the defendant's applications to amend the defences were granted; Mulley's application to amend his statement of claim and reply was refused; the defendant was awarded costs of opposing the...

Orders

  • ["The defendant's applications to amend each defence by admitting pars. 5 to 8 and 17 of each statement of claim were granted." "The plaintiff Mulley's application to amend his statement of claim and reply was refused." 'In each action, the defendant was ordered within seven days to state by affidavit whether any...