Spatialinfo Pty Ltd v Telstra Corporation Ltd [2008] FCA 34

Spatialinfo Pty Ltd v Telstra Corporation Ltd [2008] FCA 34

It is necessary for the applicant to provide discovery of specified categories of documents to the second respondent but limited to documents 'recording or evidencing' the relevant matters (not documents merely 'referring to' those matters), and to take reasonable steps to obtain such documents from related corporations. Orders for filing of statements of contention and evidence are appropriate, with timing as determined in the orders. Applications for leave to issue subpoenas to related entities or the third party funder are declined for the present.

Parties
Applicant: Spatialinfo Pty Limited; First Respondent: Telstra Corporation Ltd; Second Respondent: Autodesk Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
25 January 2008
Procedural Posture
Interlocutory Application / Directions and Discovery Orders
Outcome
Orders made on interlocutory application; costs awarded in part
Legal Topics
Discovery Obligations, Copyright Infringement, Breach of Confidence, Damages
Intellectual Property Civil Procedure Discovery Obligations Copyright Infringement Breach of Confidence Damages

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Parties

Spatialinfo Pty Limited

Applicant

Telstra Corporation Ltd

First Respondent

Autodesk Australia Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Directions and Discovery Orders

Legal Issues

  1. 1 Whether applicant must provide discovery of documents in specific categories to second respondent
  2. 2 Whether applicant must take reasonable steps to obtain documents from related corporations
  3. 3 Timing of compliance with discovery and evidence obligations

Ratio Decidendi

It is necessary for the applicant to provide discovery of specified categories of documents to the second respondent but limited to documents 'recording or evidencing' the relevant matters (not documents merely 'referring to' those matters), and to take reasonable steps to obtain such documents from related corporations. Orders for filing of statements of contention and evidence are appropriate, with timing as determined in the orders. Applications for leave to issue subpoenas to related entities or the third party funder are declined for the present.

Court Disposition

Orders made on interlocutory application; costs awarded in part

Orders

  • Time for compliance with specified prior orders extended to 31 January 2008 or 4 December 2007 as relevant.
  • On or before 7 March 2008, applicant to provide discovery to second respondent of specified categories of documents (as amended).