Quest v Telstra Corporation Ltd [2001] FCA 526

Quest v Telstra Corporation Ltd [2001] FCA 526

Because the matter had become difficult, complicated and confusing, and because immediate particulars addressing only part of the alleged loss would add confusion while the respondent was not being restrained by interlocutory injunction or suffering other financial loss, the Court stood down the timetable, directed exchanges about discovery, fixed the respondent's strike out motion for hearing, vacated specified prior orders, and reserved costs.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Directions Concerning Discovery Complaints and the Respondent's Strike Out Application
Outcome
Interlocutory directions made; orders 1 and 8 of the orders made on 13 December 2000 vacated; costs reserved.
Legal Topics
['discovery' 'strike Out Application' 'particulars' 'case Management Directions' 'costs Reserved']
['civil Procedure'] ['discovery' 'strike Out Application' 'particulars' 'case Management Directions' 'costs Reserved']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Interlocutory Directions Concerning Discovery Complaints and the Respondent's Strike Out Application

Legal Issues

  1. 1 ["Whether the timetable should be stood down so the parties could exchange consolidated complaints about discovery and responses before the respondent's strike out motion was heard." 'Whether particulars should be supplied immediately in relation to only part of the loss alleged by the applicant.']

Ratio Decidendi

Because the matter had become difficult, complicated and confusing, and because immediate particulars addressing only part of the alleged loss would add confusion while the respondent was not being restrained by interlocutory injunction or suffering other financial loss, the Court stood down the timetable, directed exchanges about discovery, fixed the respondent's strike out motion for hearing, vacated specified prior orders, and reserved costs.

Court Disposition

Interlocutory directions made; orders 1 and 8 of the orders made on 13 December 2000 vacated; costs reserved.

Orders

  • ['The parties exchange letters setting out their consolidated complaints regarding discovery by 14 May 2001.' 'The parties each respond to such letters by 28 May 2001.' "The respondent's strike out application be listed for hearing on 1 June 2001 at 10.15 am." 'The respondent file and serve its submissions in...