SkyMesh Pty Ltd v Ipstar Australia Pty Ltd [2012] NSWSC 696

SkyMesh Pty Ltd v Ipstar Australia Pty Ltd [2012] NSWSC 696

A partial admission by the defendant regarding defects is not an exceptional circumstance requiring disclosure before the filing of evidence. The consent orders for discovery are to be vacated and the matter should proceed with directions for the filing of evidence.

Parties
Plaintiff: SkyMesh Pty Ltd; Defendant: Ipstar Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
22 June 2012
Procedural Posture
Interlocutory Application / Application to Compel Discovery/vacate Consent Discovery Orders
Outcome
Consent discovery orders vacated; procedural directions for filing evidence to be made.
Legal Topics
Discovery, Consent Orders, Practice Note SC Eq 11, Disclosure, Exceptional Circumstances, Interlocutory Orders
Civil Procedure Discovery Consent Orders Practice Note SC Eq 11 Disclosure Exceptional Circumstances Interlocutory Orders

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Parties

SkyMesh Pty Ltd

Plaintiff

Ipstar Australia Pty Ltd

Defendant

Procedural Posture

Interlocutory Application / Application to Compel Discovery/vacate Consent Discovery Orders

Legal Issues

  1. 1 Whether the consent orders for discovery should be enforced or vacated in light of Practice Note SC Eq 11 and the standard of exceptional circumstances for early disclosure before evidence is filed

Ratio Decidendi

A partial admission by the defendant regarding defects is not an exceptional circumstance requiring disclosure before the filing of evidence. The consent orders for discovery are to be vacated and the matter should proceed with directions for the filing of evidence.

Court Disposition

Consent discovery orders vacated; procedural directions for filing evidence to be made.

Orders

  • Orders previously made by consent in relation to discovery are vacated.
  • Orders for the filing of evidence to progress the matter efficiently.