ZW 2 Pty Limited v Kennerley [2022] NSWSC 314

ZW 2 Pty Limited v Kennerley [2022] NSWSC 314

Discovery was refused as the documents sought by the defendants were not relevant to any fact in issue and, regarding one category, not in the plaintiff's control; costs were awarded in favour of the plaintiff as it was successful and costs should follow the event.

Jurisdiction
Australia
Judgment Date
22 March 2022
Procedural Posture
Notice of Motion (discovery) / Determination of Costs and Discovery Applications
Outcome
Defendants' notice of motion for discovery dismissed; defendants to pay plaintiff's costs for both parties' notices of motion.
Legal Topics
['discovery' 'costs' 'possession of Land']
['civil Procedure'] ['discovery' 'costs' 'possession of Land']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Notice of Motion (discovery) / Determination of Costs and Discovery Applications

Legal Issues

  1. 1 ['Whether defendants should be granted discovery of specified documents from plaintiff' 'Whether plaintiff is entitled to costs of its notice of motion for discovery' "Whether defendants' notice of motion for discovery should be dismissed"]

Ratio Decidendi

Discovery was refused as the documents sought by the defendants were not relevant to any fact in issue and, regarding one category, not in the plaintiff's control; costs were awarded in favour of the plaintiff as it was successful and costs should follow the event.

Court Disposition

Defendants' notice of motion for discovery dismissed; defendants to pay plaintiff's costs for both parties' notices of motion.

Orders

  • ["The defendants' notice of motion filed on 25 February 2022 is dismissed." "The defendants are to pay the plaintiff's costs of the defendants' notice of motion." "The defendants are to pay the plaintiff's costs of the plaintiff's notice of motion filed on 25 February 2022."]