Realcover Insurances Pty Ltd v Arthur J Gallagher (Aus) Pty Ltd [2015] NSWSC 1986

Realcover Insurances Pty Ltd v Arthur J Gallagher (Aus) Pty Ltd [2015] NSWSC 1986

Realcover had not shown that it made reasonable inquiries as required by UCPR r 5.3(1)(a). Jardine Lloyd Thompson employees had spoken with many former Realcover customers, yet there was no evidence they asked how Gallagher obtained the customers' contact details or whether Gallagher contacted them around renewal time. Such polite inquiries could have yielded useful information, and Realcover gave no adequate explanation for not making them. The application for preliminary discovery therefore failed.

Jurisdiction
Australia
Judgment Date
24 December 2015
Procedural Posture
Application for Preliminary Discovery of Documents Under Uniform Civil Procedure Rules 2005 (nsw) R 5.3(1) / Summons
Outcome
Summons dismissed
Legal Topics
['preliminary Discovery' 'reasonable Inquiries' 'prospective Claim for Relief' 'discovery of Documents']
['practice and Procedure' 'civil Procedure'] ['preliminary Discovery' 'reasonable Inquiries' 'prospective Claim for Relief' 'discovery of Documents']

Case Brief

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Procedural Posture

Application for Preliminary Discovery of Documents Under Uniform Civil Procedure Rules 2005 (nsw) R 5.3(1) / Summons

Legal Issues

  1. 1 ["Whether Realcover may be entitled to make a claim for relief against Gallagher arising from alleged use of Realcover's customer list to solicit customers." 'Whether Realcover made reasonable inquiries before seeking preliminary discovery under Uniform Civil Procedure Rules 2005 (NSW) r 5.3(1)(a).' 'Whether Gallagher may have documents that can assist Realcover in deciding whether to commence proceedings and whether inspection would assist that decision.']

Ratio Decidendi

Realcover had not shown that it made reasonable inquiries as required by UCPR r 5.3(1)(a). Jardine Lloyd Thompson employees had spoken with many former Realcover customers, yet there was no evidence they asked how Gallagher obtained the customers' contact details or whether Gallagher contacted them around renewal time. Such polite inquiries could have yielded useful information, and Realcover gave no adequate explanation for not making them. The application for preliminary discovery therefore failed.

Court Disposition

Summons dismissed

Orders

  • ['The Summons be dismissed with costs.']