Shoreform (Qld) Pty Ltd v Millenium Coal Pty Ltd [2013] FCA 645

Shoreform (Qld) Pty Ltd v Millenium Coal Pty Ltd [2013] FCA 645

The Court found that except for certain specified items, the applicant had not established reasonable grounds to believe directly relevant documents existed nor demonstrated deficiencies in respondents' searches or discovery. Orders for further affidavits of discovery were limited to items where such grounds were...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 July 2013
Procedural Posture
Interlocutory Application / Discovery Dispute; Orders on Interlocutory Application
Outcome
Applicant's interlocutory application amended and partly allowed; otherwise dismissed
Legal Topics
['discovery' 'standard Discovery' 'particular Discovery' 'reasonable Search' 'relevance']
['civil Procedure'] ['discovery' 'standard Discovery' 'particular Discovery' 'reasonable Search' 'relevance']

Source-derived case record

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Procedural Posture

Interlocutory Application / Discovery Dispute; Orders on Interlocutory Application

Legal Issues

  1. 1 ['Whether respondents complied with discovery obligations by conducting reasonable searches' 'Whether required documents are directly relevant to the issues raised by the pleadings' 'Whether further affidavits of discovery are required for specific documents']

Ratio Decidendi

The Court found that except for certain specified items, the applicant had not established reasonable grounds to believe directly relevant documents existed nor demonstrated deficiencies in respondents' searches or discovery. Orders for further affidavits of discovery were limited to items where such grounds were met; remaining claims for further discovery were dismissed, with costs awarded to respondents.

Court Disposition

Applicant's interlocutory application amended and partly allowed; otherwise dismissed

Orders

  • ['Applicant granted leave to amend interlocutory application' 'Applicant to file and serve amended interlocutory application within 7 days' 'Respondents to file and serve further affidavit of discovery on items: assessment for CCC invoices Q027 and Q030; documents relied on by Cameron Vorias for statement of payment...