Sportsbet Pty Ltd v State of New South Wales (No 4) [2009] FCA 1509

Sportsbet Pty Ltd v State of New South Wales (No 4) [2009] FCA 1509

Sportsbet was entitled to unredacted copies of board minutes and CEO's reports already discovered in redacted form, as masking for relevance is not permissible in cases of specific discovery. All other applications for further or fresh discovery were either outside the scope of agreed categories or made too late,...

Source-derived case information.

Parties
Applicant: Sportsbet Pty Ltd; First Respondent: State of New South Wales; Second Respondent: Racing New South Wales; Third Respondent: Harness Racing New South Wales
Jurisdiction
Australia
Judgment Date
25 November 2009
Procedural Posture
Notice of Motion Discovery Application / Interlocutory Decision Before Trial
Outcome
Application dismissed in part with costs; order for unredacted discovery granted
Legal Topics
Discovery, Redaction, Trial Preparation
Civil Procedure Discovery Redaction Trial Preparation

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Parties

Sportsbet Pty Ltd

Applicant

State of New South Wales

First Respondent

Racing New South Wales

Second Respondent

Harness Racing New South Wales

Third Respondent

Procedural Posture

Notice of Motion Discovery Application / Interlocutory Decision Before Trial

Legal Issues

  1. 1 Whether categories in Sportsbet's notice of motion fall within existing discovery orders or constitute fresh discovery
  2. 2 Adequacy of second and third respondents' compliance with discovery obligations
  3. 3 Whether further or fresh discovery should be ordered

Ratio Decidendi

Sportsbet was entitled to unredacted copies of board minutes and CEO's reports already discovered in redacted form, as masking for relevance is not permissible in cases of specific discovery. All other applications for further or fresh discovery were either outside the scope of agreed categories or made too late, and were dismissed.

Court Disposition

Application dismissed in part with costs; order for unredacted discovery granted

Orders

  • Second and third respondents to provide discovery of the full text of board minutes and CEO's reports already discovered in redacted form by 6.00pm, Thursday 26 November 2009
  • Motion otherwise dismissed with costs