Brisbane Airport Corporation Pty Ltd v Airservices Australia [No 3]

Brisbane Airport Corporation Pty Ltd (the plaintiff) sought documents from Airservices Australia (the first defendant) relating to a water treatment plant at the Brisbane Airport. The matter came before the court for consideration of several discovery and case management issues. The plaintiff sought disclosure of documents from the first defendant that pertained to a water treatment plant at Brisbane Airport, as well as documents relating to the treatment of per- and polyfluoroalkyl substances (PFAS) in airports other than Brisbane Airport. The plaintiff contended that these documents were relevant to the case. The first defendant argued that the disclosure of these documents was not required as per the existing document plan and orders of the court. The court was required to determine whether the first defendant should disclose the categories of documents sought by the plaintiff.

The court found that the first defendant should disclose five categories of documents that the plaintiff sought. These categories were not included in the existing document plan, and the first defendant had consented to their disclosure. Regarding the documents concerning the treatment of PFAS in airports other than Brisbane Airport, the court found that these documents were relevant and should also be disclosed by the first defendant. Additionally, the court addressed the proposed case management and timetabling orders. The parties had contested various aspects of the proposed timetabling, including the delivery of expert reports and lay evidence, as well as objections to evidence and written openings. The court considered the proposed directions and decided on certain orders related to the case management and timetabling, which were to be reflected in a draft order submitted by the parties.

The court ordered that the parties submit a draft order reflecting the agreed directions and decisions made in the reasons. The court also noted that it would hear the parties on the issue of costs. This decision focused on the disclosure of relevant documents and the management of the case, ensuring that the plaintiff could obtain necessary information while maintaining the integrity of the existing document plan and orders.