Fudlovski v JGC Accounting and Financial Services Pty Ltd [No 4]

In the case of Fudlovski v JGC Accounting and Financial Services Pty Ltd [No 4], the plaintiff sought further and better discovery from the defendants, alleging that they had failed to disclose documents that were relevant to the plaintiff's claims. The plaintiff alleged that the defendants had breached fiduciary duties and made misleading or deceptive representations, resulting in significant financial losses. The dispute was heard in the Supreme Court of Western Australia.

The legal issues before the court included whether the plaintiff had demonstrated that the existence of certain documents in the defendants' possession was 'fairly certain', and whether those documents could be relevant to the issues in dispute. The court needed to determine the appropriate standard for relevance in the context of discovery, and whether the plaintiff had met the threshold for obtaining further discovery.

The court found that the relevance threshold under limb (b) of the relevant rule was not measured at the admissibility standard applicable at a trial. Instead, the interlocutory discovery threshold as to relevance was set at a more expansive 'line of enquiry' level. This meant that the plaintiff needed to show that the existence of a particular document was 'fairly certain' and that such documents could be relevant to issues in dispute as between the parties. The court held that the plaintiff had not met this threshold, and therefore the application for further and better discovery was dismissed.

The court's decision was based on the long-established principles of discovery, which require the plaintiff to show that the existence of a particular document is 'fairly certain' and that such documents could be relevant to issues in dispute as between the parties. The court found that the plaintiff had not met this threshold, and therefore the application for further and better discovery was dismissed. The court's decision provides guidance on the appropriate standard for relevance in the context of discovery, and highlights the importance of meeting the threshold for obtaining further discovery.