Redeemer Baptist School Limited v Glossop & Ors [2007] NSWSC 1187

Redeemer Baptist School Limited v Glossop & Ors [2007] NSWSC 1187

The defendants failed to show that the documents in categories 21, 23, and 26 were relevant to a fact in issue or that discretionary considerations favored discovery; the categories were considered too broad and/or oppressive. The Registrar's decision to refuse discovery in those categories should not be disturbed.

Jurisdiction
Australia
Judgment Date
24 October 2007
Procedural Posture
Notice of Motion (discovery) / Application for Review of Registrar's Decision on Discovery
Outcome
Relief sought by defendants in relation to categories 21, 23 and 26 refused; costs of the Notice of Motion for those matters to be paid by defendants; the balance of the Notice of Motion stood over.
Legal Topics
['discovery' 'relevance of Documents' 'threshold Requirements' 'discretionary Considerations' 'oppressiveness of Discovery Requests']
['civil Procedure'] ['discovery' 'relevance of Documents' 'threshold Requirements' 'discretionary Considerations' 'oppressiveness of Discovery Requests']

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Procedural Posture

Notice of Motion (discovery) / Application for Review of Registrar's Decision on Discovery

Legal Issues

  1. 1 ['Whether the defendants are entitled to discovery and inspection of documents in categories 21, 23 and 26' 'Whether the categories sought are relevant, oppressive, or too wide' 'Whether discretionary factors preclude discovery']

Ratio Decidendi

The defendants failed to show that the documents in categories 21, 23, and 26 were relevant to a fact in issue or that discretionary considerations favored discovery; the categories were considered too broad and/or oppressive. The Registrar's decision to refuse discovery in those categories should not be disturbed.

Court Disposition

Relief sought by defendants in relation to categories 21, 23 and 26 refused; costs of the Notice of Motion for those matters to be paid by defendants; the balance of the Notice of Motion stood over.

Orders

  • ['The relief sought by the defendants in relation to categories 21, 23 and 26 is refused.' 'The defendants are to pay the costs of the Notice of Motion in respect of each of these three matters.' 'The balance of the Notice of Motion is to be stood over to a date to be fixed before the Registrar.']