Finnegan v Washington (No 3) [2020] FCA 1654

Finnegan v Washington (No 3) [2020] FCA 1654

Because orders for standard discovery had already been made but standard discovery had not yet been completed, and because mediation was pending, it would be inefficient and premature to determine the merits of extensive proposed non-standard discovery categories or interrogatories at that time. If the categories were within the scope of standard discovery, proper compliance with the standard discovery order should produce the relevant documents; any remaining issues could be raised more specifically after standard discovery and mediation. The appropriate course was to adjourn the interlocutory application and reserve costs.

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Interlocutory Application for Non Standard Discovery and Leave to Administer Interrogatories / Application Adjourned After Orders for Standard Discovery Had Been Made and Before Standard Discovery and Mediation Were Completed
Outcome
The interlocutory application dated 1 September 2020 was adjourned; costs were reserved; liberty to apply was granted.
Legal Topics
['non Standard Discovery' 'standard Discovery' 'leave to Administer Interrogatories' 'prematurity of Interlocutory Application' 'mediation' 'costs Reserved' 'overarching Purpose']
['practice and Procedure' 'civil Procedure' 'discovery' 'interrogatories'] ['non Standard Discovery' 'standard Discovery' 'leave to Administer Interrogatories' 'prematurity of Interlocutory Application' 'mediation' 'costs Reserved' 'overarching Purpose']

Case Brief

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Procedural Posture

Interlocutory Application for Non Standard Discovery and Leave to Administer Interrogatories / Application Adjourned After Orders for Standard Discovery Had Been Made and Before Standard Discovery and Mediation Were Completed

Legal Issues

  1. 1 ['Whether non-standard discovery should be ordered pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) before standard discovery had been completed.' 'Whether leave to administer interrogatories should be granted pursuant to r 21.01 before discovery had been given.' 'Whether the interlocutory application should be dismissed or adjourned until after mediation.' 'What costs order should be made on the interlocutory application.']

Ratio Decidendi

Because orders for standard discovery had already been made but standard discovery had not yet been completed, and because mediation was pending, it would be inefficient and premature to determine the merits of extensive proposed non-standard discovery categories or interrogatories at that time. If the categories were within the scope of standard discovery, proper compliance with the standard discovery order should produce the relevant documents; any remaining issues could be raised more specifically after standard discovery and mediation. The appropriate course was to adjourn the interlocutory application and reserve costs.

Court Disposition

The interlocutory application dated 1 September 2020 was adjourned; costs were reserved; liberty to apply was granted.

Orders

  • ["The applicant's interlocutory application dated 1 September 2020 is adjourned for mention on a date to be fixed after the termination of the mediation of the matter, whether due to settlement of the dispute or otherwise." 'Costs reserved.' 'Liberty to apply.']