Chaudhary v Bandicoot Group Pty Ltd (No 2) [2018] FCA 420

Chaudhary v Bandicoot Group Pty Ltd (No 2) [2018] FCA 420

Orders for discovery by category will be made under r 20.15 of the Federal Court Rules 2011 (Cth) where the categories of documents are sufficiently shown to be relevant to issues in dispute and are shown to be within the defendants' control; in the present case, most categories met these criteria, subject to specific exceptions.

Parties
Plaintiff: Vishal Chaudhary; First Defendant: Bandicoot Group Pty Ltd ACN 134 424 034; Second Defendant: Asheesh Goyal; Third Defendant: Ruchi Goyal
Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Interlocutory Application / Interlocutory Discovery (application Under R 20.15)
Outcome
Application largely granted with certain categories refused and others to be subject to draft minutes of orders to be brought in; discovery by category ordered as set out in judgment.
Legal Topics
Interlocutory Discovery, Document Discovery by Categories, Control and Possession of Documents, Company Directors’ Duties, Corporate Oppression, Remuneration Disputes
Practice and Procedure Corporations Interlocutory Discovery Document Discovery by Categories Control and Possession of Documents Company Directors’ Duties Corporate Oppression Remuneration Disputes

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Parties

Vishal Chaudhary

Plaintiff

Bandicoot Group Pty Ltd ACN 134 424 034

First Defendant

Asheesh Goyal

Second Defendant

Ruchi Goyal

Third Defendant

Procedural Posture

Interlocutory Application / Interlocutory Discovery (application Under R 20.15)

Legal Issues

  1. 1 Whether an order for discovery of documents by categories should be made under r 20.15 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether documents sought are relevant and/or within the control of the defendants
  3. 3 Whether the plaintiff is entitled to discovery of specified categories including documents of related entities

Ratio Decidendi

Orders for discovery by category will be made under r 20.15 of the Federal Court Rules 2011 (Cth) where the categories of documents are sufficiently shown to be relevant to issues in dispute and are shown to be within the defendants' control; in the present case, most categories met these criteria, subject to specific exceptions.

Court Disposition

Application largely granted with certain categories refused and others to be subject to draft minutes of orders to be brought in; discovery by category ordered as set out in judgment.

Orders

  • The plaintiff bring in draft minutes of order reflecting the conclusions in these reasons.
  • Defendants to make discovery of documents within categories 2, 3, 4, 5, 7, 14 (to the extent the documents relate to transactions identified in the Statement of Claim), 15, 22, 26, 28, 32, 33, 36, 37, 42-46, 51-54, 56, 57, 61 and 70.