Re Estate Grundy (No. 2) [2018] NSWSC 1495

Re Estate Grundy (No. 2) [2018] NSWSC 1495

Further discovery is granted where the plaintiff identifies categories of documents serving a proper forensic purpose, justified by reference to her family provision claim, and the extent of disclosure required is reasonable; some categories limited or declined when considered too broad or not relevant.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Family Provision Proceedings / Interlocutory Application for Further Discovery
Outcome
Interlocutory application for further discovery granted in part
Legal Topics
['family Provision' 'discovery of Documents']
['succession Law' 'civil Procedure'] ['family Provision' 'discovery of Documents']

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Procedural Posture

Family Provision Proceedings / Interlocutory Application for Further Discovery

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to further discovery from the first defendant in support of her family provision claim' 'Whether requested categories of documents serve a proper forensic purpose within current proceedings' 'Whether disclosure sought is reasonable given nature of the proceedings']

Ratio Decidendi

Further discovery is granted where the plaintiff identifies categories of documents serving a proper forensic purpose, justified by reference to her family provision claim, and the extent of disclosure required is reasonable; some categories limited or declined when considered too broad or not relevant.

Court Disposition

Interlocutory application for further discovery granted in part

Orders

  • ["Order that the first defendant produce specified categories of documents to the plaintiff by 30 October 2018, including deceased's medical records, death certificate, affidavit and documents filed in support of probate application, Cantilever settlement accounts, guardian documents, bank statements, records of...