| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
PROPERTY LIST
S ECI 2018 01885
| INDTEX PTY LTD (ACN 075 711 125) | Plaintiff |
| v | |
| KNIGHT HOMES PTY LTD (ACN 121 402 480) | Defendant |
---
JUDGE: | Derham AsJ |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 11 May 2020 |
DATE OF JUDGMENT: | 14 July 2020 |
CASE MAY BE CITED AS: | Indtex Pty Ltd v Knight Homes Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2020] VSC 427 |
---
PRACTICE AND PROCEDURE – Discovery of documents – Particular discovery pursuant to r 29.08 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) – Whether order should be made – Application also pursuant to s 55 of the Civil Procedure Act 2010 (Vic) – Applications refused.
---
| APPEARANCES: (By Written Submission) | Counsel | Solicitors |
| For the Plaintiff | Mr R G Squirrel | Efron & Associates |
| For the Defendant | Mr C A Connor | KCL Law |
HIS HONOUR:
Introduction
The plaintiff applies by summons filed on 2 March 2020 for the defendants to make ‘further discovery’ pursuant to r 29.08 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) (Rules). As can be seen from the reference to r 29.08 of the Rules, the application is in fact for what is generally called ‘particular discovery’, a matter of some importance to which I will return.
Background
The plaintiff (Indtex) was the registered proprietor of the land at 892 Glen Huntly Road, Caulfield South (Land).[1] The defendants are Knight Homes Pty Ltd, a registered builder (Builder), and Ronan Kavallero, who is the sole director of the Builder (Kavallero).
[1]The land more particularly described in Certificate of Title Volume 09080 Folio 470.
The proceeding was commenced by generally indorsed writ on 23 October 2018 and came before the Judge in the Practice Court as an application for removal of a caveat lodged by the builder over the Land. The general indorsement was that:
(a) on about 2 September 2015, Indtex and the Builder entered a Building Contract for the construction of 9 apartments (the apartments) on the Land;
(b) Indtex agreed with Kavallero to appoint him as an independent consulting project manager for the development of the apartments at a fee of $50,000 (Consulting Agreement);
(c) on about 3 January 2017, Indtex and the Builder entered a Profit Share Deed whereby, amongst other things, Indtex agreed to pay 50% of the profit on the construction and on-sale of the apartments to the Builder and to charge the land with payment of that amount (Profit Share Deed);
(d) the Builder and Kavallero engaged in misleading and deceptive conduct and unconscionable conduct, all in trade and commerce, to secure the entry into both the Consulting Agreement and the Profit Share Deed in breach of ss 18, 20 and 21 of the Australian Consumer Law (ACL), in consequence of which Indtex has suffered loss and damage;
(e) the Builder caused a Caveat to be lodged…
Keep reading for free
Create a free CaseChat account to read Indtex Pty Ltd v Knight Homes Pty Ltd 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
- [2020] VSC 427
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether an order should be made to compel the discovery of the requested documents. The legal issues included the scope and application of rule 29.08, as well as the criteria under section 55 for making such an order. The court had to assess whether the documents sought were relevant to the proceedings, whether their disclosure was necessary for the just disposal of the case, and whether there were any overriding considerations that should prevent the order being made.
In reaching its decision, the court carefully considered the nature and relevance of the documents in question, as well as the circumstances under which they were sought. It examined the application of the criteria set out in the relevant rules and legislation. Ultimately, the court found that the documents were not necessary for the just disposal of the case and that there were no overriding considerations that would support the making of the order. Consequently, the court dismissed the application for particular discovery of documents.
Orders
Orders of the court
Full text does not contain this section.
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.