World Projects Corporation v Sydney Organising Committee for the Olympic Games [1999] NSWSC 781

World Projects Corporation v Sydney Organising Committee for the Olympic Games [1999] NSWSC 781

The interests of justice require granting access to the tape because it records a conversation involving the second defendant and part of its content has already been disclosed in an affidavit; thus, fairness warrants that the defendant can check both the accuracy and completeness of the transcript relied on by the plaintiff.

Jurisdiction
Australia
Judgment Date
30 July 1999
Procedural Posture
Interlocutory Application / Decision on Application for Access to Evidence
Outcome
Application granted
Legal Topics
['discovery' 'access to Evidence' 'judicial Discretion']
['civil Procedure'] ['discovery' 'access to Evidence' 'judicial Discretion']

Case Brief

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Procedural Posture

Interlocutory Application / Decision on Application for Access to Evidence

Legal Issues

  1. 1 ['Whether the court should permit the defendants to access an audio tape produced by the plaintiff in response to a notice to produce before the filing of defences.']

Ratio Decidendi

The interests of justice require granting access to the tape because it records a conversation involving the second defendant and part of its content has already been disclosed in an affidavit; thus, fairness warrants that the defendant can check both the accuracy and completeness of the transcript relied on by the plaintiff.

Court Disposition

Application granted

Orders

  • ['Access to the standard audio tape produced by the plaintiff is granted to each defendant and their legal representatives, to be exercised in the Exhibits Office of the Court, with permission to make a transcript and a copy of the tape.' 'Costs of the hearing are the costs of the second defendant in the...