Ch v State of New South Wales

In the case of Ch v State of New South Wales, the plaintiff sought an order for discovery of documents from the defendant, the State of New South Wales. The plaintiff applied for this order before the pleadings had been closed. The dispute involved the plaintiff's claim for damages resulting from alleged breaches of statutory duty by the defendant. The case was heard in the Supreme Court of New South Wales.

The court needed to determine whether it was appropriate to make a discovery order before the pleadings were closed. It also had to consider the principle that costs follow the event and the overriding purpose of the Civil Procedure Act 2005 (NSW), which is to ensure that the parties to a proceeding are not exposed to unnecessary costs. The court considered whether the application for discovery was an event for the purposes of determining costs and whether the overriding purpose of the Act was engaged.

The court found that, although the plaintiff's application for discovery was premature, it was not an event that would attract costs under the principle that costs follow the event. The court held that the overriding purpose of the Act was not engaged because the application was not vexatious, oppressive, or an abuse of the court process. The court granted the plaintiff's application for discovery, making an order for the defendant to provide the requested documents. The court also noted that, given the circumstances, it would not make an order for costs against the plaintiff.