RinRim Pty Limited v Deutsche Australia Limited [2013] NSWSC 1762

RinRim Pty Limited v Deutsche Australia Limited [2013] NSWSC 1762

RinRim has demonstrated, to the required threshold, that it may have a claim for relief, that it has made reasonable inquiries, and is unable to obtain sufficient information to decide whether to commence proceedings; thus, limited preliminary discovery should be ordered in categories agreed or to be determined by the Court and RinRim should pay the costs of the Defendants associated with discovery and 80% of their costs of the application.

Parties
Plaintiff: RinRim Pty Limited; First Defendant: Deutsche Australia Limited; Second Defendant: Credit Suisse (Australia) Limited; Third Defendant: RBS Group (Australia) Pty Limited; Fourth Defendant: Deutsche Bank Aktiengesellschaft; Fifth Defendant: CIMB Capital Markets (Australia) Limited
Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Preliminary Discovery Application / Principal Judgment
Outcome
Application for preliminary discovery granted in limited form. Costs orders made.
Legal Topics
Preliminary Discovery, Costs, Discovery Process
Civil Procedure Equity Preliminary Discovery Costs Discovery Process

Case Brief

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Parties

RinRim Pty Limited

Plaintiff

Deutsche Australia Limited

First Defendant

Credit Suisse (Australia) Limited

Second Defendant

RBS Group (Australia) Pty Limited

Third Defendant

Deutsche Bank Aktiengesellschaft

Fourth Defendant

CIMB Capital Markets (Australia) Limited

Fifth Defendant

Procedural Posture

Preliminary Discovery Application / Principal Judgment

Legal Issues

  1. 1 Whether RinRim Pty Limited is entitled to preliminary discovery under UCPR 5.3
  2. 2 Whether RinRim has made reasonable inquiries and is unable to obtain sufficient information to decide whether to commence substantive proceedings
  3. 3 Whether prospective defendants may have documents relevant to the potential claim

Ratio Decidendi

RinRim has demonstrated, to the required threshold, that it may have a claim for relief, that it has made reasonable inquiries, and is unable to obtain sufficient information to decide whether to commence proceedings; thus, limited preliminary discovery should be ordered in categories agreed or to be determined by the Court and RinRim should pay the costs of the Defendants associated with discovery and 80% of their costs of the application.

Court Disposition

Application for preliminary discovery granted in limited form. Costs orders made.

Orders

  • Direct the parties, within 7 days, to bring in Short Minutes of Order reflecting these reasons.
  • Parties to agree upon the precise categories of documents within parameters referred to in the reasons and a regime for production.