NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1669

NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1669

The respondents have not established that the electronically stored e-mail records contain no documents which ought to be discovered and which may be of more than minor significance. In the interests of justice, the burden and expense of discovery is not sufficient reason to excuse the respondents from their obligation to discover all material e-mail communications, including those retained only electronically.

Parties
Applicant: NT Power Generation Pty Ltd; First Respondent: Power and Water Authority; Second Respondent / Cross Claimant: Gasco Pty Ltd; Cross Respondent: NT Power Generation Pty Ltd
Jurisdiction
Australia
Judgment Date
25 November 1999
Procedural Posture
Interlocutory Application / Discovery Dispute Application to Limit Discovery
Outcome
Application refused
Legal Topics
Discovery of Documents, Electronic Evidence, Interlocutory Applications
Civil Procedure Discovery of Documents Electronic Evidence Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

NT Power Generation Pty Ltd

Applicant

Power and Water Authority

First Respondent

Gasco Pty Ltd

Second Respondent / Cross Claimant

NT Power Generation Pty Ltd

Cross Respondent

Procedural Posture

Interlocutory Application / Discovery Dispute Application to Limit Discovery

Legal Issues

  1. 1 Whether respondents should be excused from discovering e-mail communications retained only in electronic form
  2. 2 Whether additional evidence justifies limitation of discovery obligations

Ratio Decidendi

The respondents have not established that the electronically stored e-mail records contain no documents which ought to be discovered and which may be of more than minor significance. In the interests of justice, the burden and expense of discovery is not sufficient reason to excuse the respondents from their obligation to discover all material e-mail communications, including those retained only electronically.

Court Disposition

Application refused

Orders

  • The application seeking to limit discovery of e-mail communications to hard copy is refused.