FEDERAL COURT OF AUSTRALIA
Hastwell v Kott Gunning (No 3) [2019] FCA 1641
Keep reading for free
Create a free CaseChat account to read Hastwell v Kott Gunning (No 3) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] FCA 1641
- Decision Date
CaseChat Overview and Summary
The court considered the arguments made by both parties and concluded that the plaintiff was entitled to discovery of the documents. The court found that the documents were not privileged and that the plaintiff had complied with the itemisation requirements under rule 20.17 of the Federal Court Rules 2011 (Cth). The court also considered the Harman principle, which requires parties to act fairly and reasonably in the discovery process, and found that the plaintiff had not acted unreasonably in seeking discovery of the documents. The court further found that the defendant's argument that the plaintiff was not entitled to discovery of the documents due to an implied undertaking was without merit.
The court ordered that the parties were to confer as to orders reflecting these reasons. The court also directed the parties to confer about the costs of their interlocutory applications and the costs reserved from the case management hearings on 15 February 2019, 5 April 2019 and 30 May 2019, and by 4.00 pm on 22 October 2019 must provide a minute of consent orders dealing with those matters or, if agreement cannot be reached, separate minutes of orders. The proceedings were listed for a case management hearing at 11.00 am on 30 October 2019.
Orders
Orders of the court
1. The parties are directed to confer as to orders reflecting these reasons.
2. The parties must confer about the costs of their interlocutory applications and the costs reserved from the case management hearings on 15 February 2019, 5 April 2019 and 30 May 2019, and by 4.00 pm on 22 October 2019 must provide a minute of consent orders dealing with those matters or, if agreement cannot be reached, separate minutes of orders.
3. The proceedings are listed for a case management hearing at 11.00 am on 30 October 2019.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.