Olympic Amusements Pty Ltd v Gould, Bruce [1996] FCA 1055

Olympic Amusements Pty Ltd v Gould, Bruce [1996] FCA 1055

The amended statement of claim merely asserted that further representations were made and, without affidavit evidence or other material, did not support an inference sufficient to found a belief that the requested reports, correspondence and memoranda existed or may have been in Gould's possession, custody or power. The scheduled letters were directed to the circumstances of particular clubs and did not show a broader strategy or the existence of similar documents. The O15 r8 application therefore rested on speculation and had to be dismissed.

Jurisdiction
Australia
Judgment Date
29 November 1996
Procedural Posture
Federal Court Proceeding Alleging Contraventions of S52 of the Trade Practices Act 1974 and S42 of the Fair Trading Act 1987 (nsw) / Interlocutory Application by the Applicant for Particular Discovery Under Order 15 Rule 8
Outcome
Application for an order for particular discovery dismissed; the applicant was ordered to pay the respondent's costs as agreed or taxed.
Legal Topics
['particular Discovery' 'possession, Custody or Power of Documents' 'grounds for Belief That Documents Exist' 'federal Court Rules O15 R8']
['practice and Procedure' 'discovery' 'trade Practices' 'fair Trading'] ['particular Discovery' 'possession, Custody or Power of Documents' 'grounds for Belief That Documents Exist' 'federal Court Rules O15 R8']

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Procedural Posture

Federal Court Proceeding Alleging Contraventions of S52 of the Trade Practices Act 1974 and S42 of the Fair Trading Act 1987 (nsw) / Interlocutory Application by the Applicant for Particular Discovery Under Order 15 Rule 8

Legal Issues

  1. 1 ["Whether the amended statement of claim and scheduled letters established grounds for a belief that documents sought by particular discovery existed and may be or may have been in the respondent's possession, custody or power." "Whether an order for particular discovery under O15 r8 could be made without affidavit evidence and on the basis of the applicant's pleaded assertion."]

Ratio Decidendi

The amended statement of claim merely asserted that further representations were made and, without affidavit evidence or other material, did not support an inference sufficient to found a belief that the requested reports, correspondence and memoranda existed or may have been in Gould's possession, custody or power. The scheduled letters were directed to the circumstances of particular clubs and did not show a broader strategy or the existence of similar documents. The O15 r8 application therefore rested on speculation and had to be dismissed.

Court Disposition

Application for an order for particular discovery dismissed; the applicant was ordered to pay the respondent's costs as agreed or taxed.

Orders

  • ['The application for an order for particular discovery is dismissed.' "The applicant is to pay the respondent's costs as agreed or taxed."]