6 Nov 2019
The defendants had not discharged their discovery obligations; electronic documents in personal email accounts fall within the scope of possession, custody or power and may be ordered inspected even absent authorisation from former employers; accordingly the court granted ANZ's requested orders (with amendments).
4 Jul 2013
The affirmation provided an adequate basis for pre-action discovery because it made it reasonable to suspect a Principal Contractor and that the defendant was the proper party to identify relevant documents; however, the defendant's conduct was at most dilatory and they promptly acknowledged service and disclosed documents the same day, so the normal costs rule applied: no order as to costs of the proceedings, but the plaintiff must pay the defendant's costs of the hearing to be summarily assessed and the plaintiff's own costs taxed under Legal Aid Regulations.
23 Dec 2008
The court granted specific discovery because the plaintiff established a prima facie basis to believe relevant documents existed and that the defendant had access to or copies of such documents through its close working relationship with the Zhuhai Government and FSD; formal agency was unnecessary for discovery at this interlocutory stage, therefore the defendant must swear an affidavit stating whether it has the documents listed in Schedule B within 14 days.