Paynter Dixon (Queensland) Pty Ltd v AHW (Queensland) Pty Ltd
[1991] FCA 376
•15 Apr 1991
IN THE FEDERAL COURT OF AUSTRALIA ) No. QG 61 of 1989
QUEENSLAND DISTRICT REGISTRY l GENERAL DIVISION
BETWEEN: PAYNTER DIXON (OUEENSLANDI PTY. LTD.
Applicant
AND: AHW (OUEENSLAND) PTY. LTD. First Respondent
AND: ADDICOAT HOGARTH WILSON PTY. LTD. Second Respondent
AND: KEITH FORRESTER DAVIS Third Respondent
AND: PAUL ELWIN COLLINS Fourth Respondent
AND BETWEEN: ADDICOAT HOGARTH WILSON PTY. LTD. First Cross-claimant
AND : KEITH FORRESTER DAVIS and
PAUL ELWIN COLLINSSecond Cross-claimants
AND : AHW (OUEENSLANDI PTY. LTD. Third Cross-claimant
AND : C.E. HEATH UNDERWRITING AND INSURANCE
jAUSTRALIA) PTY. LTD.First Cross-respondent
REQISTRY AND: CONSULTING ENGINEERS ADVANCEMENT SOCIETY
OF AUSTRALIA LTD.Second Cross-respondent
MINUTES OF ORDER
JUDGE W I N G ORDER: PINCUS J. DATE OF ORDER: 15 APRIL 1991 WHERE MADE! BRISBANE
04 J U L 1991
FEDERAL COURT OF / AUSTRALIA PRINCIPAL
THE COURT ORDERS THAT:
I
1. The application for further discovery be refused.
2. The parties have leave to file further material, if any, within three weeks.
3. The matter be set down for hearing at 10.15 am on Monday, 30 September 1991 for three weeks before Pincus J.
4. Costs of and incidental to today's hearing be costs in the proceedings, except insofar as they are in relation to the application for discovery.
5. Costs of and incidental to the application for discovery be taxed and paid by the respondent.
m: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA 1 No. QG 61 of 1989 QUEENSLAND DISTRICT REGISTRY 1 GENERAL DIVISION )
BETWEEN: PAYNTER DIXON [OUEENSLANDl PTY. LTD.
Applicant
AND: AHW (OUEENSLAND) PTY. LTD. First Respondent
AND: ADDICOAT HOGARTH WILSON PTY. LTD.
Second Respondent
AND: KEITH FORRESTER DAVIS
Third Respondent
AND: PAUL ELWIN COLLINS
Fourth Respondent
AND BETWEEN: ADDICOAT HOGARTH WILSON PTY. LTD.
First Cross-claimant
AND: KEITH FORRESTER DAVIS and
PAUL ELWIN COLLINS
Second Cross-claimants
AND: AHW IOUEENSLAND) PTY. LTD.
Third Cross-claimant
AND: C.E. HEATH UNDERWRITING AND INSURANCE
JAUSTRALIA) PTY. LTD.
First Cross-respondent AND: CONSULTING ENGINEERS ADVANCEMENT SOCIETY
OF AUSTRALIA LTD.
Second Cross-respondent
CORAM: PINCUS J.
PLACE: BRISBANE
m: 15 APRIL 1991
EX TEMPORE REASONS FOR JUDGMENT
In this matter an application is made for further discovery on the basis which I think has been sufficiently explained by Mr. Jackson in the exchange between himself and me. The assertion which the applicant makes is that the buildings in question are sufficiently similar to make the further discovery useful. The respondents on the other side say that that is not so.
I have come to the conclusion that the further discovery should not be ordered, and the reason is that the Court, although it fairly freely will order further discovery in an appropriate case, should not, in my opinion, do so where the question whether the further discovery is proper depends itself on a disputed issue of fact. I should add that it does not seem to me that the case put forward for discovery is particularly strong here, because it is not suggested that these are the only comparable buildings. There is no information, really, as to how many comparable buildings there are. I will refuse the application for further discovery.
I will set the matter down for hearing on Monday, 30 proceedings, except insofar as they related to the application September, before me. The costs of today will be costs in the
for discovery. Those costs will be taxed and paid by the
respondent. I should mention that under the rules of this Court an order in that form does not carry a right to an immediate taxation unless there is a further order, so that the taxation of those costs will await the resolution of the whole matter.
I c e r t i f y that t h e two preceding pages are a true copy o f the reasons f o r
judgment herein o f h i s
Honour M r . Jus t i ce Pincus. Associate
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