PRP Diagnostic Imaging Pty Limited (in its capacity as trustee for the Pittwater Radiology Trust) & Ors v Pittwater Radiology Pty Limited [2008] NSWSC 482

PRP Diagnostic Imaging Pty Limited (in its capacity as trustee for the Pittwater Radiology Trust) & Ors v Pittwater Radiology Pty Limited [2008] NSWSC 482

Discovery sought was not justified in relation to either admitted proposed conduct or pleaded conduct. The pleadings do not raise allegations of the plaintiffs entering prospective commercial arrangements with clinics established in the future, and dealing with prospective damages is problematic. Only issues pleaded can be litigated, and the matter of damages for unpleaded events can be dealt with at trial if necessary.

Jurisdiction
Australia
Judgment Date
20 May 2008
Procedural Posture
Commercial Equity Proceedings / Contested Motion for Further Discovery
Outcome
No leave granted for further contested discovery categories.
Legal Topics
['discovery' 'pleadings' 'unpleaded Prospective Loss']
['practice and Procedure'] ['discovery' 'pleadings' 'unpleaded Prospective Loss']

Case Brief

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Procedural Posture

Commercial Equity Proceedings / Contested Motion for Further Discovery

Legal Issues

  1. 1 ['Whether further discovery should be granted in relation to unpleaded prospective loss' 'Whether discovery categories sought are justified' 'Whether conduct of plaintiffs constitutes or would constitute breach of joint venture agreement during the restraint period' 'Assessment of loss and damage allegedly suffered or likely to be suffered']

Ratio Decidendi

Discovery sought was not justified in relation to either admitted proposed conduct or pleaded conduct. The pleadings do not raise allegations of the plaintiffs entering prospective commercial arrangements with clinics established in the future, and dealing with prospective damages is problematic. Only issues pleaded can be litigated, and the matter of damages for unpleaded events can be dealt with at trial if necessary.

Court Disposition

No leave granted for further contested discovery categories.

Orders

  • ['Parties to bring in short minutes of order by 21 May 2008 at 4pm in soft copy.' 'Costs may be subject of written submissions by 21 May 2008 at 4pm in soft copy.']