Temwell Pty Ltd (ACN 082 656 157) v DKGR Holdings Pty Ltd [2003] FCA 630

Temwell Pty Ltd (ACN 082 656 157) v DKGR Holdings Pty Ltd [2003] FCA 630

The Court refused review of the Deputy Registrar's orders concerning David Hains' autobiography because any useful fragment would be peripheral, of little utility and would not justify compelling production of a private memoir. The Court also refused broad itemised discovery categories that would not lead to a useful inquiry or assist construction of privileged material, but ordered limited itemised discovery for communications with Mr Stephen Sharp and/or Arnold Bloch Leibler for 1 January 2000 to 1 July 2000, excluding documents already discovered and made available for inspection.

Jurisdiction
Australia
Judgment Date
18 June 2003
Procedural Posture
Federal Court Proceeding Concerning Discovery of Documents / Application for Review of Deputy Registrar's Orders and Rulings on Discovery of Documents
Outcome
Application for review of Deputy Registrar's orders refused; limited discovery and subpoena-related orders made.
Legal Topics
['discovery of Documents' 'legal Professional Privilege' 'subpoena for Production' "review of Deputy Registrar's Orders" 'abuse of Process Cross Claim']
['civil Procedure' 'evidence'] ['discovery of Documents' 'legal Professional Privilege' 'subpoena for Production' "review of Deputy Registrar's Orders" 'abuse of Process Cross Claim']

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Procedural Posture

Federal Court Proceeding Concerning Discovery of Documents / Application for Review of Deputy Registrar's Orders and Rulings on Discovery of Documents

Legal Issues

  1. 1 ["Whether the applicant should obtain discovery or production of David Hains' 1996 autobiography." 'Whether the applicant and cross-respondents should be required to give itemised discovery of documents for which legal professional privilege is claimed.' 'Whether subpoenas should be permitted for production of documents by Vivi Renner and/or Deacons.']

Ratio Decidendi

The Court refused review of the Deputy Registrar's orders concerning David Hains' autobiography because any useful fragment would be peripheral, of little utility and would not justify compelling production of a private memoir. The Court also refused broad itemised discovery categories that would not lead to a useful inquiry or assist construction of privileged material, but ordered limited itemised discovery for communications with Mr Stephen Sharp and/or Arnold Bloch Leibler for 1 January 2000 to 1 July 2000, excluding documents already discovered and made available for inspection.

Court Disposition

Application for review of Deputy Registrar's orders refused; limited discovery and subpoena-related orders made.

Orders

  • ["The application for review of the learned Deputy Registrar's Orders of 6 June 2003 be refused." 'The applicant and the cross-respondents on or before 4.00 pm on 26 June 2003 file and serve an affidavit making discovery of documents by an itemised list describing each document for which legal professional privilege...