Weatherall, Ronald Seaforth v Satellite Receiving Systems (Australia) Pty Ltd [1998] FCA 1764

Weatherall, Ronald Seaforth v Satellite Receiving Systems (Australia) Pty Ltd [1998] FCA 1764

The motion for general discovery was refused because the pleadings were so badly drafted and the alleged causes of action so unclear that the matters in question in the proceedings were impossible to identify; the discovery sought was also excessively broad and included documents from non-parties.

Jurisdiction
Australia
Judgment Date
06 August 1998
Procedural Posture
Federal Court Proceedings on a Motion for General Discovery / Interlocutory Motion
Outcome
The applicant's motion for general discovery was refused with costs and the matter was stood over for further directions.
Legal Topics
['general Discovery' 'verified List of Documents' 'pleadings' 'service' 'abuse of Process' 'joinder of Causes of Action' 'mediation']
['civil Procedure'] ['general Discovery' 'verified List of Documents' 'pleadings' 'service' 'abuse of Process' 'joinder of Causes of Action' 'mediation']

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Procedural Posture

Federal Court Proceedings on a Motion for General Discovery / Interlocutory Motion

Legal Issues

  1. 1 ['Whether the first, second, third, fourth, fifth, seventh and eighth respondents should be ordered to give general discovery by filing and serving a verified list of documents.' 'Whether the matters in question in the proceedings could be identified from the pleadings so as to support an order for discovery.' 'Whether discovery could be sought from persons who were not parties to the proceedings.']

Ratio Decidendi

The motion for general discovery was refused because the pleadings were so badly drafted and the alleged causes of action so unclear that the matters in question in the proceedings were impossible to identify; the discovery sought was also excessively broad and included documents from non-parties.

Court Disposition

The applicant's motion for general discovery was refused with costs and the matter was stood over for further directions.

Orders

  • ['The motion is refused with costs.' 'The matter is stood over for further directions on Thursday 13 August 1998 at 9.30am.']