Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 3)

Basetec Services Pty Ltd, an applicant, sought further discovery from Leighton Contractors Pty Ltd, the respondent, in proceedings relating to an appeal against an adjudicator's decision. The application was made under section 14 of the Construction Contracts Act 2002. The matter was heard in the Federal Court of Australia. The applicant sought further discovery of documents to assist in the appeal, including documents showing how the adjudicator reached his decision. The respondent opposed the application on the basis that the documents sought were already available or were irrelevant.

The court was required to determine whether the respondent should be compelled to provide the documents sought by the applicant. The court considered the nature of the documents sought and whether they were relevant to the appeal. The court also considered the principle that discovery should not be used to obtain documents that are already available or irrelevant. The court found that some of the documents sought were already available or irrelevant, but that the applicant was entitled to further discovery of other documents that were necessary for the appeal.

The court held that the respondent should provide further discovery of the drawings and any documents providing the drawings to RPC Technologies Pty Ltd referred to in discovered document number ID LPC.007.001.3097. The court also held that the respondent should pay the applicant’s costs of the application up to and including 15 May 2015, but that there should be no order as to costs for the period thereafter. The court dismissed the application in all other respects.

The final orders of the court were that the respondent provide further discovery of certain documents, pay the applicant’s costs up to and including 15 May 2015, and that there be no order as to costs for the period thereafter. The application was otherwise dismissed.