Yamaji, T. & Anor v. Westpac Banking Corporation & Ors [1994] FCA 844

Yamaji, T. & Anor v. Westpac Banking Corporation & Ors [1994] FCA 844

The applicants did not comply with the order for discovery as they failed to provide a sworn supplementary list of documents or adequate explanation for non-production. Given Mr Yamaji's control of the relevant companies and the likelihood that the documents were obtainable, a stay of proceedings against the first respondent was warranted until compliance.

Parties
Applicant: Tsutomu Yamaji; Applicant: Caysand No. 137 Ltd; First Respondent: Westpac Banking Corporation; Second Respondent: Caysand No. 138 Pty Ltd; Third Respondent: Isamu Yutani
Jurisdiction
Australia
Judgment Date
02 November 1994
Procedural Posture
Application (discovery/interlocutory) / Interlocutory (stay Pending Compliance With Discovery Orders)
Outcome
Proceedings against the first respondent stayed pending compliance with discovery orders.
Legal Topics
Discovery, Stay of Proceedings, Documents in Possession or Power
Civil Procedure Discovery Stay of Proceedings Documents in Possession or Power

Case Brief

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Parties

Tsutomu Yamaji

Applicant

Caysand No. 137 Ltd

Applicant

Westpac Banking Corporation

First Respondent

Caysand No. 138 Pty Ltd

Second Respondent

Isamu Yutani

Third Respondent

Procedural Posture

Application (discovery/interlocutory) / Interlocutory (stay Pending Compliance With Discovery Orders)

Legal Issues

  1. 1 Whether the applicants have complied with discovery obligations regarding documents relevant to foreign proceedings.
  2. 2 Whether the proceedings should be stayed pending compliance with discovery orders.

Ratio Decidendi

The applicants did not comply with the order for discovery as they failed to provide a sworn supplementary list of documents or adequate explanation for non-production. Given Mr Yamaji's control of the relevant companies and the likelihood that the documents were obtainable, a stay of proceedings against the first respondent was warranted until compliance.

Court Disposition

Proceedings against the first respondent stayed pending compliance with discovery orders.

Orders

  • Proceedings against the first respondent stayed until applicants comply with Drummond J's order made on 1 July 1994.
  • Applicants to file and serve a supplementary sworn list of documents within 14 days, listing all documents in their possession or power relating to the issues in action.