Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No.2) [2014] NSWSC 1949

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No.2) [2014] NSWSC 1949

Inclusion of the relative file path data as a metadata field in the electronic discovery protocol is appropriate because it provides additional functional utility for searching and has potential substantive relevance, the cost is insignificant, and its inclusion is consistent with the overriding purpose in s 56 of the Civil Procedure Act 2005. The parties’ agreement to remove duplicate documents is not adversely affected.

Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Civil / Interlocutory Procedural Ruling on Document Management Protocol for Electronic Discovery
Outcome
Orders made allowing inclusion of the relative file path data in the protocol for electronic discovery with specific amendments; costs in the cause.
Legal Topics
['electronic Discovery' 'document Management Protocol' 'metadata' 'interlocutory Application']
['civil Procedure'] ['electronic Discovery' 'document Management Protocol' 'metadata' 'interlocutory Application']

Case Brief

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Procedural Posture

Civil / Interlocutory Procedural Ruling on Document Management Protocol for Electronic Discovery

Legal Issues

  1. 1 ['Whether the Document Management Protocol for electronic discovery should include a metadata field for relative file path data' 'Whether inclusion is consistent with the overriding purpose of the Civil Procedure Act 2005']

Ratio Decidendi

Inclusion of the relative file path data as a metadata field in the electronic discovery protocol is appropriate because it provides additional functional utility for searching and has potential substantive relevance, the cost is insignificant, and its inclusion is consistent with the overriding purpose in s 56 of the Civil Procedure Act 2005. The parties’ agreement to remove duplicate documents is not adversely affected.

Court Disposition

Orders made allowing inclusion of the relative file path data in the protocol for electronic discovery with specific amendments; costs in the cause.

Orders

  • ["Proposed Document Management Protocol adopted as amended to include relative file path data; page 10 of the protocol replaced as per Schedule B; the word 'relative' substituted for 'original'" 'Costs of the Motion to be costs in the cause']