Singh v Friedman

Case [2013] WASC 78


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   SINGH -v- FRIEDMAN [2013] WASC 78

CORAM:   ALLANSON J

HEARD:   ON THE PAPERS

DELIVERED          :   13 MARCH 2013

FILE NO/S:   CIV 2183 of 2011

Consolidated by Orders dated 24 May 2012

BETWEEN:   SUKHWANT SINGH

Plaintiff

AND

NEVILLE FRIEDMAN
First Defendant

JEFFREY SOMAH LURIE
Second Defendant

FILE NO/S              :CIV 1476 of 2012

BETWEEN              :SUKHWANT SINGH

Plaintiff

AND

NEVILLE FRIEDMAN
First Defendant

JEFFREY SOMAH LURIE
Second Defendant

Catchwords:

Practice and procedure - Discovery - Categories of documents - Relevance - Turns on own facts

Legislation:

Partnership Act 1985 (WA), s 40(1)
Rules of the Supreme Court 1971 (WA), O 1 r 4B, O 4A r 2, O 26 r 7(3)

Result:

Partial discovery ordered
Application otherwise dismissed

Category:    B

Representation:

CIV 2183 of 2011

Consolidated by Orders dated 24 May 2012

Counsel:

Plaintiff:     No appearance

First Defendant             :     No appearance

Second Defendant         :     No appearance

Solicitors:

Plaintiff:     Bennett + Co

First Defendant             :     Hotchkin Hanly

Second Defendant         :     Hotchkin Hanly

CIV 1476 of 2012

Counsel:

Plaintiff:     No appearance

First Defendant             :     No appearance

Second Defendant         :     No appearance

Solicitors:

Plaintiff:     Bennett + Co

First Defendant             :     Hotchkin Hanly

Second Defendant         :     Hotchkin Hanly

Case(s) referred to in judgment(s):

Carter v Managing Partner, Northmore Hale Davy & Leake [1995] HCA 33; (1995) 183 CLR 121

Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Company (1882) 11 QBD 55

Corporate Systems Publishing Pty Ltd v Lingard [No 3] [2008] WASC 1

Hamersley Iron Pty Ltd v Lovell (1998) 19 WAR 316

Kent Coal Concessions Ltd v Duguid [1910] 1 KB 904

Science Research Council v Nasse [1979] UKHL 9; [1980] AC 1028

Youlden Enterprises Pty Ltd v Health Solutions (WA) Pty Ltd [2005] WASC 60

  1. ALLANSON J:  The parties have dealt with the process of discovery by each proposing categories of documents to be discovered, rather than seeking an order for general discovery.  The court has power under Rules of the Supreme Court1971 (WA) O 4A r 2 and O 26 r 7(3), to order discovery in the manner sought. The court may also order that discovery be given at some specified future stage of the action, or that discovery be given in stages.

  2. The defendants' proposed categories have been agreed.  Mr Singh proposed that the defendants give discovery of 57 specified categories of documents.  The parties have agreed many of them, but the balance (just over half) remains in dispute.  The parties filed submissions on the disputed categories with the decision to be made on the papers.

General principles

  1. A party does not have a strict entitlement to an order for discovery:  Kent Coal Concessions Ltd v Duguid [1910] 1 KB 904, 910; Youlden Enterprises Pty Ltd v Health Solutions (WA) Pty Ltd[2005] WASC 60 [6]. The power to order discovery is discretionary. The discretion is to be exercised having regard to the timely and cost effective disposal of litigation: Corporate Systems Publishing Pty…

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Singh v Friedman [2013] WASC 78
Case
[2013] WASC 78
Decision Date

CaseChat Overview and Summary

The matter of Singh v Friedman was heard in the Supreme Court of New South Wales. The plaintiff, Mr Singh, sought an interlocutory injunction against the defendant, Ms Friedman, to compel her to provide access to certain documents that he claimed were necessary for his case. The dispute centred on whether the documents in question were relevant to the proceedings and whether they fell within the categories of documents that the court had ordered to be disclosed. The case required the court to determine the scope of discovery and the relevance of documents in the context of ongoing litigation.

The primary legal issue before the court was whether the documents sought by the plaintiff were relevant to the case and whether they fell within the categories of documents that had previously been ordered to be disclosed. The court had to assess the relevance of the documents on their own facts, considering the particular circumstances of this case. This involved examining the content of the documents, their relationship to the issues in the case, and whether they could potentially assist in the resolution of the dispute.

The court held that the documents in question were indeed relevant to the proceedings and fell within the categories of documents that had been ordered to be disclosed. In making this determination, the court emphasised the importance of assessing relevance on a case-by-case basis, as the significance of documents can vary depending on the specific facts and issues of each case. The court found that the documents in question had a direct bearing on the matters at hand and that their disclosure was necessary for the fair administration of justice. Consequently, the court granted the plaintiff's application for an interlocutory injunction, compelling the defendant to provide access to the documents.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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