Speedy Gantry Hire Pty Ltd v Preston Erection Pty Ltd & Anor [1997] FCA 1594

Speedy Gantry Hire Pty Ltd v Preston Erection Pty Ltd & Anor [1997] FCA 1594

There is no sufficient evidence of inadequacy in the discovery conducted by the applicant, and it is not appropriate at this stage to order the applicant's solicitor to review all documents or provide a further affidavit.

Parties
Applicant: Speedy Gantry Hire Pty Limited; First Respondent/first Cross Claimant: Preston Erection Pty Limited; Second Respondent/second Cross Claimant: John Clement Preston
Jurisdiction
Australia
Judgment Date
04 December 1997
Procedural Posture
Application (interlocutory) / Ex Tempore Judgment on Discovery Application
Outcome
Application dismissed; costs reserved
Legal Topics
Discovery of Documents
Civil Procedure Discovery of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Speedy Gantry Hire Pty Limited

Applicant

Preston Erection Pty Limited

First Respondent/first Cross Claimant

John Clement Preston

Second Respondent/second Cross Claimant

Procedural Posture

Application (interlocutory) / Ex Tempore Judgment on Discovery Application

Legal Issues

  1. 1 Whether further discovery should be ordered due to alleged inadequacies in discovery conducted by the applicant

Ratio Decidendi

There is no sufficient evidence of inadequacy in the discovery conducted by the applicant, and it is not appropriate at this stage to order the applicant's solicitor to review all documents or provide a further affidavit.

Court Disposition

Application dismissed; costs reserved

Orders

  • No order for further discovery; costs of the motion reserved