Chandra & Anor v Perpetual Trustee Victoria Limited & Anor (No 2)

In Chandra & Anor v Perpetual Trustee Victoria Limited & Anor (No 2), the Federal Court of Australia considered an interlocutory application for discovery of documents. The plaintiffs alleged that a document was forged, and they sought a range of categories of documents from the defendants that may either corroborate or contradict the facts asserted in the allegedly forged document. The defendants opposed the application, arguing that the documents sought were not relevant to the facts in issue. The court was tasked with determining the relevance of the sought documents to the allegation of forgery.

The legal issue before the court was whether the categories of documents sought by the plaintiffs were relevant to the facts in issue, and whether they could rationally affect the assessment of the allegation of forgery. The court considered whether the documents, if they existed, may corroborate or contradict the facts asserted in the allegedly forged document. The court noted that if the documents could rationally affect the assessment of the allegation of forgery, they were relevant to the facts in issue. The court held that the documents sought were relevant to the facts in issue, and thus the plaintiffs were entitled to discovery of those documents.

The court reasoned that the documents sought by the plaintiffs could rationally affect the assessment of the allegation of forgery, as they may corroborate or contradict the facts asserted in the allegedly forged document. The court found that the documents were relevant to the facts in issue, and thus the plaintiffs were entitled to discovery of those documents. The court rejected the defendants' argument that the documents were not relevant to the facts in issue, and ordered that the plaintiffs be granted discovery of the categories of documents sought. The court's decision was significant as it clarified the scope of discovery in cases where a party alleges that a document is forged, and the relevance of documents that may corroborate or contradict the facts asserted in the allegedly forged document.

The court made an order granting the plaintiffs' application for discovery of the categories of documents sought. The defendants were ordered to provide the documents within a specified time frame, and to take all necessary steps to locate and produce the documents. The court's decision provided clarity on the scope of discovery in cases where a party alleges that a document is forged, and the relevance of documents that may corroborate or contradict the facts asserted in the allegedly forged document. The decision also emphasised the importance of ensuring that parties have access to all relevant documents in order to properly assess allegations of forgery.