PPK Willoughby Pty Ltd v Roads and Maritime Services & Minister Administering the Environmental Planning and Assessment Act 1979 [2015] NSWSC 1489

PPK Willoughby Pty Ltd v Roads and Maritime Services & Minister Administering the Environmental Planning and Assessment Act 1979 [2015] NSWSC 1489

The plaintiff's motion failed because the pleadings raised no disputed issue about the defendants' leasing of properties, annual reports were sufficient for category 5 in light of other discovery already given, and the requests for all documents referring to or evidencing tender-related materials were unnecessarily wide where no pleaded issue arose as to the content of those materials. The defendants' motion succeeded because the disputed categories concerning the plaintiff's or HWL Ebsworth's consideration of matters were relevant to reliance on alleged representations, the word "consideration" was not impermissibly broad in the context of the case and correspondence between the parties,...

Jurisdiction
Australia
Judgment Date
13 October 2015
Procedural Posture
Practice and Procedure Discovery / Notices of Motion for Verified Discovery
Outcome
The plaintiff's notice of motion was dismissed, and the defendants' notice of motion for discovery by the plaintiff was granted in respect of categories 1, 4, 6, 7, 8(b), 9, 11(b), 11(f) and 13.
Legal Topics
['discovery' 'relevance to Facts in Issue' 'scope of Categories of Documents' 'costs of Motions']
['civil Procedure'] ['discovery' 'relevance to Facts in Issue' 'scope of Categories of Documents' 'costs of Motions']

Case Brief

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Procedural Posture

Practice and Procedure Discovery / Notices of Motion for Verified Discovery

Legal Issues

  1. 1 ['Whether the defendants should give verified discovery of the disputed categories sought by the plaintiff, including leasing documents, financial reports, and documents referring to tender-related materials.' 'Whether the plaintiff should give verified discovery of the disputed categories sought by the defendants, including categories using the word "consideration".' 'Whether category 11(b) sought by the defendants was sufficiently identifiable and appropriate for discovery.' 'What costs orders should follow from the outcome of the motions.']

Ratio Decidendi

The plaintiff's motion failed because the pleadings raised no disputed issue about the defendants' leasing of properties, annual reports were sufficient for category 5 in light of other discovery already given, and the requests for all documents referring to or evidencing tender-related materials were unnecessarily wide where no pleaded issue arose as to the content of those materials. The defendants' motion succeeded because the disputed categories concerning the plaintiff's or HWL Ebsworth's consideration of matters were relevant to reliance on alleged representations, the word "consideration" was not impermissibly broad in the context of the case and correspondence between the parties,...

Court Disposition

The plaintiff's notice of motion was dismissed, and the defendants' notice of motion for discovery by the plaintiff was granted in respect of categories 1, 4, 6, 7, 8(b), 9, 11(b), 11(f) and 13.

Orders

  • ["The plaintiff's notice of motion is dismissed." 'The plaintiff is to give verified discovery of the documents identified in this judgment as categories 1, 4, 6, 7, 8(b), 9, 11(b), 11(f) and 13 within 14 days.' "The plaintiff is to pay the defendants' costs of both notices of motion, as agreed or assessed."]