Allan and Allan & Ors (No 2)

In *Allan and Allan & Ors (No 2)*, the Family Court of Australia, presided over by Watts J, considered an application by the 14th respondent for an adjournment of proceedings and a separate application seeking disclosure of documents from the Receivers. The dispute involved the receivership of assets of a trust, and the 14th respondent sought voluminous documents relating to items sold at auction, which the Receivers argued lacked particularity and would incur substantial costs without security being proffered.

The court was required to determine whether to grant the 14th respondent's oral application for an adjournment, and whether to exercise its discretion to order the Receivers to provide the requested documents. The legal issues also encompassed the nature of the 14th respondent's document request, which the court considered to be in substance an application for pre-action discovery against a non-party.

Watts J dismissed the application for adjournment, noting that the 14th respondent had ample opportunity to prepare for the hearing. The court also dismissed the application for disclosure of documents, finding it lacked proper basis and was oppressive. The reasoning applied was that the claim for documents was not sufficiently particularised, would impose substantial costs on the Receivers, and no security had been offered. Consequently, the court declined to exercise its discretion to make the orders sought by the 14th respondent.

The court ordered that the 14th respondent pay the Intervenor/Receivers' costs of and incidental to the application and response, to be agreed or assessed. Leave was granted for the 14th respondent to make the oral application for adjournment, which was subsequently dismissed. Specific disclosure orders were made regarding certain trust files and documents relating to specific auction items.