Spencer v Commonwealth of Australia (No 4) [2012] FCA 1142

Spencer v Commonwealth of Australia (No 4) [2012] FCA 1142

The Court was not satisfied that the interests of justice required further discovery by category at this interlocutory stage; therefore, the motion of 6 May 2011 for additional discovery was dismissed, with leave for the applicant to bring a further application if warranted after inspection was complete.

Parties
Applicant: Peter James Spencer; First Respondent: Commonwealth of Australia; Second Respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
30 August 2012
Procedural Posture
Interlocutory Motion for Discovery / Interlocutory Hearing and Orders
Outcome
Motion of 6 May 2011 otherwise dismissed; leave for further application; costs orders made.
Legal Topics
Discovery of Documents, Interlocutory Applications, Case Management
Civil Procedure Discovery of Documents Interlocutory Applications Case Management

Case Brief

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Parties

Peter James Spencer

Applicant

Commonwealth of Australia

First Respondent

State of New South Wales

Second Respondent

Procedural Posture

Interlocutory Motion for Discovery / Interlocutory Hearing and Orders

Legal Issues

  1. 1 Whether further discovery should be ordered beyond the terms of the 31 May 2011 orders
  2. 2 Whether the motion of 6 May 2011 should be adjourned or determined

Ratio Decidendi

The Court was not satisfied that the interests of justice required further discovery by category at this interlocutory stage; therefore, the motion of 6 May 2011 for additional discovery was dismissed, with leave for the applicant to bring a further application if warranted after inspection was complete.

Court Disposition

Motion of 6 May 2011 otherwise dismissed; leave for further application; costs orders made.

Orders

  • The motion of 6 May 2011 filed by the applicant be otherwise dismissed.
  • The applicant be granted leave to file any amended interlocutory application relating to the application of 22 August 2012 no later than 30 November 2012.