McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 282

McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 282

Requests for particulars and discovery are relevant and justified by the issues in the proceedings. Respondents' objections lack substance. Respondents are given opportunity to amend defence before complying with requests. Extensiveness or cost is not sufficient to render discovery oppressive where the documents are relevant.

Jurisdiction
Australia
Judgment Date
16 March 2005
Procedural Posture
Civil / Interlocutory (discovery/particulars Orders)
Outcome
Interlocutory orders granted for particulars and discovery, with opportunity for respondents to amend defence.
Legal Topics
['discovery' 'particulars' 'pleadings']
['civil Procedure'] ['discovery' 'particulars' 'pleadings']

Case Brief

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Procedural Posture

Civil / Interlocutory (discovery/particulars Orders)

Legal Issues

  1. 1 ['Whether the requests for particulars and discovery are justified' 'Whether objections to discovery are valid' 'Whether orders for discovery and particulars should be made']

Ratio Decidendi

Requests for particulars and discovery are relevant and justified by the issues in the proceedings. Respondents' objections lack substance. Respondents are given opportunity to amend defence before complying with requests. Extensiveness or cost is not sufficient to render discovery oppressive where the documents are relevant.

Court Disposition

Interlocutory orders granted for particulars and discovery, with opportunity for respondents to amend defence.

Orders

  • ['The orders of 3 December 2004 be vacated.' 'The respondents have seven days within which to file any amended defence deleting par 130 and correcting par 131(vi).' 'If amendments are not made, respondents must respond to the request for particulars made on 20 December 2004 within 30 days from 16 March 2005.'...