Simon Thomas Lane v Channel 7 Adelaide Pty Ltd No. Scciv-02-1126

[2003] SASC 434

SIMON THOMAS LANE & ANOR v CHANNEL 7 ADELAIDE PTY LTD

[2003] SASC 434

Full Court: Debelle, Bleby and Besanko JJ

1. DEBELLE, BLEBY AND BESANKO JJ            This is an application for leave to appeal from a decision of a judge of this Court dismissing the defendant’s appeal from a decision of a Master refusing an order for further and better discovery.

2. The issues concern the questions whether the defendants have discharged the onus of proof that the plaintiffs held the documents and whether the documents are directly relevant.  The plea of justification raises issues as to the extent of knowledge of the plaintiffs as to the assets of Mr Liddy and, in particular, of his superannuation entitlements.  There are questions whether the documents are directly relevant to the issues in the pleadings and as to the obligation of the plaintiffs to disclose documents which were formerly in their possession.

3. The defendant’s claim as against the three Westpac entities also involves the question whether the documents sought are directly relevant to the issues raised in the plea of justification.

4. The issues are important and the decision of the judge is attended with sufficient doubt to warrant reconsideration on appeal.

5. The claim for discovery is very wide.  It is not limited as to time.  There may be questions as to the width of discovery sought by the defendant but that is an issue which can be examined on the hearing of the appeal.