17 Apr 1996
KRISTAN BOWERS PHILLIPS v. INITIAL ENVIRONMENTAL SERVICES LTD AND OTHERS
- Citation
- KRISTAN BOWERS PHILLIPS v. INITIAL ENVIRONMENTAL SERVICES LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3978/1990
The summons for specific discovery was dismissed because the plaintiff failed to establish a prima facie case of relevance and necessity against Ciba-Geigy: the materials sought were overbroad as to documents, entities and time period; Ciba-Geigy was not shown to be the manufacturer or to have the requisite state of knowledge about the product manufactured by Nippon; documents referenced appeared possibly generated by third parties (Exxon, Nippon) and not demonstrably within Ciba-Geigy's possession, custody or power, making the discovery request disproportionate and insufficiently specific.