Kirby v Centro Properties Limited (ACN 078 590 682) [2009] FCA 695

Kirby v Centro Properties Limited (ACN 078 590 682) [2009] FCA 695

Disclosure of insurance policies is not required for mediation or litigation unless such policies are relevant to a matter in question under the pleadings or evidence; production can only be compelled under discovery rules where relevance is established. For confidential documents already given in discovery, inspection is permitted to the applicant, counsel, solicitors, and litigation funders directly concerned in the proceedings, subject to signing an express undertaking of confidentiality.

Parties
Applicant: Richard Kirby; First Respondent: Centro Properties Limited (ACN 078 590 682); Second Respondent: CPT Manager Limited (ACN 054 494 307); First Respondent: Centro Retail Limited (ACN 114 757 783); Second Respondent: Centro MCS Manager Limited (ACN 051 908 984)
Jurisdiction
Australia
Judgment Date
26 June 2009
Procedural Posture
Representative Proceeding (class Action) / Interlocutory; Decision on Motion for Discovery and Inspection Prior to Mediation
Outcome
Applicant's motion for inspection of insurance policies refused; applicant and relevant persons permitted inspection of confidential documents subject to express confidentiality undertaking; costs reserved; liberty to apply granted.
Legal Topics
Discovery, Mediation, Confidentiality Undertakings, Representative Proceedings, Continuous Disclosure
Civil Procedure Corporations Law Discovery Mediation Confidentiality Undertakings Representative Proceedings Continuous Disclosure

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Parties

Richard Kirby

Applicant

Centro Properties Limited (ACN 078 590 682)

First Respondent

CPT Manager Limited (ACN 054 494 307)

Second Respondent

Centro Retail Limited (ACN 114 757 783)

First Respondent

Centro MCS Manager Limited (ACN 051 908 984)

Second Respondent

Procedural Posture

Representative Proceeding (class Action) / Interlocutory; Decision on Motion for Discovery and Inspection Prior to Mediation

Legal Issues

  1. 1 Whether applicant is entitled to discovery or inspection of insurance policies held by respondents prior to mediation
  2. 2 What conditions should attach to inspection and use of confidential commercial documents of respondents

Ratio Decidendi

Disclosure of insurance policies is not required for mediation or litigation unless such policies are relevant to a matter in question under the pleadings or evidence; production can only be compelled under discovery rules where relevance is established. For confidential documents already given in discovery, inspection is permitted to the applicant, counsel, solicitors, and litigation funders directly concerned in the proceedings, subject to signing an express undertaking of confidentiality.

Court Disposition

Applicant's motion for inspection of insurance policies refused; applicant and relevant persons permitted inspection of confidential documents subject to express confidentiality undertaking; costs reserved; liberty to apply granted.

Orders

  • The motion on notice dated 24 December 2008 in relation to policies of insurance be refused.
  • Respondents produce for inspection confidential documents identified in first tranche of discovery subject to undertakings in the form of Schedule A.