Cox v Australia and New Zealand Banking Group Limited

The case of Cox v Australia and New Zealand Banking Group Limited was heard in the Federal Circuit Court of Australia. The plaintiffs sought to obtain documents from a financial adviser who was not a party to the proceedings. The dispute arose from the plaintiffs' allegation that they had suffered losses due to the alleged misconduct of the financial adviser, who was employed by the defendant bank. The plaintiffs sought orders for non-party discovery to obtain documents from the financial adviser.

The legal issue before the court was whether the plaintiffs had established a prima facie case that the financial adviser had engaged in conduct that may give rise to a cause of action. Additionally, the court had to determine whether the plaintiffs had shown that the documents sought were necessary for the purposes of the proceedings and whether there were any overriding considerations that would prevent the making of the orders sought. The defendant bank did not oppose the orders sought by the plaintiffs.

In its decision, the court found that the plaintiffs had established a prima facie case against the financial adviser. The court held that the plaintiffs had demonstrated that the documents sought were necessary for the purposes of the proceedings. The court also found that there were no overriding considerations that would prevent the making of the orders sought. The court therefore made orders for non-party discovery, allowing the plaintiffs to obtain the documents they sought from the financial adviser. The court's decision highlights the importance of establishing a prima facie case and demonstrating the necessity of the documents sought in applications for non-party discovery.