Cairns v Unicomb & Ors [2005] NSWSC 1279

Cairns v Unicomb & Ors [2005] NSWSC 1279

Given the Plaintiff's lack of direct knowledge as executrix and the nature of the possible causes of action regarding fiduciary breach and unconscionable conduct, it is appropriate to afford more latitude in ordering preliminary discovery of defined categories of documents against the Defendants.

Jurisdiction
Australia
Judgment Date
01 December 2005
Procedural Posture
Preliminary Discovery Application / Interlocutory
Outcome
Preliminary discovery ordered, categories to be more precisely defined.
Legal Topics
['preliminary Discovery' 'fiduciary Duty' 'unconscionable Conduct']
['equity'] ['preliminary Discovery' 'fiduciary Duty' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Preliminary Discovery Application / Interlocutory

Legal Issues

  1. 1 ['Whether preliminary discovery should be ordered against the defendants under UCPR 5.3 and at general law in relation to transactions involving the estate of the late Peter Cairns.']

Ratio Decidendi

Given the Plaintiff's lack of direct knowledge as executrix and the nature of the possible causes of action regarding fiduciary breach and unconscionable conduct, it is appropriate to afford more latitude in ordering preliminary discovery of defined categories of documents against the Defendants.

Court Disposition

Preliminary discovery ordered, categories to be more precisely defined.

Orders

  • ['Preliminary discovery to be ordered against all Defendants in defined areas or categories of documents.' 'Matter stood over to allow Plaintiff to provide a more focused list of discoverable categories.' 'Application for preliminary discovery stood over for making of orders on 7 December 2005 at 9.30am.']