Gillies v Downer EDI Limited [2011] NSWSC 265

Gillies v Downer EDI Limited [2011] NSWSC 265

Discovery is ordered only for documents relevant to facts in issue as defined in the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, and only within justified categories; overly broad or irrelevant categories are not allowed.

Parties
Plaintiff: Stephen John Gillies; Defendant: Downer EDI Limited
Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Civil / Interlocutory (discovery)
Outcome
Discovery application granted in part
Legal Topics
Discovery, Relevance of Documents, Limits on Discovery
Civil Procedure Discovery Relevance of Documents Limits on Discovery

Case Brief

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Parties

Stephen John Gillies

Plaintiff

Downer EDI Limited

Defendant

Procedural Posture

Civil / Interlocutory (discovery)

Legal Issues

  1. 1 Whether discovery categories sought are relevant to facts in issue
  2. 2 Whether categories are too broad or constitute fishing expeditions
  3. 3 Whether documents relating to tax and fringe benefits are discoverable

Ratio Decidendi

Discovery is ordered only for documents relevant to facts in issue as defined in the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, and only within justified categories; overly broad or irrelevant categories are not allowed.

Court Disposition

Discovery application granted in part

Orders

  • Downer EDI is to give discovery to Mr Gillies in specified categories by 4pm 15 April 2011, including payroll records, car loan interest and fringe benefits tax documents, and ATO correspondence relating to pleaded cross-claim amounts.
  • Costs in the cause.