Dib Group Pty Limited v WISDA Group Australia Pty Ltd [2022] NSWDC 267

Dib Group Pty Limited v WISDA Group Australia Pty Ltd [2022] NSWDC 267

Parts of the amended defence are struck out for non-compliance with pleading rules; discovery is granted only in particular, delineated document categories relevant to pleaded issues where adequate justification exists, but applications amounting to fishing expeditions or lacking proper basis are denied. The hearing date is vacated given the necessity of discovery and expert evidence, with strict directions to avoid further delay and ensure the applicant provides required particulars; costs are awarded as specified for discovery and vacation applications.

Parties
Applicant: WISDA Group Australia Pty Ltd; Respondent: Dib Group Pty Limited
Jurisdiction
Australia
Judgment Date
14 July 2022
Procedural Posture
Civil / Interlocutory Motion (vacation of Hearing Date and Application for Discovery)
Outcome
Interlocutory orders made: parts of defence struck out; discovery granted as specified; hearing date vacated; particulars ordered; costs orders made.
Legal Topics
Discovery, Pleadings, Vacation of Hearing Date, Summary Disposal, Quantification of Damages, Set Off, Strike Out Applications
Civil Procedure Contract Law Discovery Pleadings Vacation of Hearing Date Summary Disposal Quantification of Damages Set Off +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

WISDA Group Australia Pty Ltd

Applicant

Dib Group Pty Limited

Respondent

Procedural Posture

Civil / Interlocutory Motion (vacation of Hearing Date and Application for Discovery)

Legal Issues

  1. 1 Whether the defence contains irrelevant or argumentative assertions such that parts should be struck out
  2. 2 Whether the applicants are entitled to late discovery and whether such application constitutes a fishing expedition
  3. 3 Whether the hearing date should be vacated to allow for discovery and expert evidence

Ratio Decidendi

Parts of the amended defence are struck out for non-compliance with pleading rules; discovery is granted only in particular, delineated document categories relevant to pleaded issues where adequate justification exists, but applications amounting to fishing expeditions or lacking proper basis are denied. The hearing date is vacated given the necessity of discovery and expert evidence, with strict directions to avoid further delay and ensure the applicant provides required particulars; costs are awarded as specified for discovery and vacation applications.

Court Disposition

Interlocutory orders made: parts of defence struck out; discovery granted as specified; hearing date vacated; particulars ordered; costs orders made.

Orders

  • Paragraphs 2(a)-(c), first two lines of 2(d), and 3A(a)-(c) of the Amended Defence struck out.
  • Hearing date of 25 July 2022 vacated; defendants to pay plaintiff’s costs thrown away as a consequence.