SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Tennent Group Pty Ltd v Veritec Pty Ltd |
Citation: | [2025] ACTSC 313 |
Hearing Date: | 27 June 2025 |
Decision Date: | 21 July 2025 |
Before: | Muller AJ |
Decision: | See [35] |
Catchwords: | PRACTICE AND PROCEDURE – PRELIMINARY DISCOVERY – application for discovery of documents from prospective defendants – whether sufficient basis to show potential cause of action exists – whether reasonable inquiries made – whether documents sought relevant to deciding whether to bring proceedings – narrow scope of proposed discovery |
Legislation Cited: | Competition and Consumer Act 2010 (Cth), sch 2, s 18 Court Procedures Rules2006 (ACT), r 651 |
Cases Cited: | Elmaraazey v The Law Society of the Australian Capital Territory [2006] ACTSC 124; 205 FLR 445 Hall v Commonwealth [2018] ACTSC 79 Hughes Aircraft Systems International v Civil Aviation Authority (1995) 217 ALR 303 iSAM Securities (UK) Ltd v Press [2024] NSWSC 1036 Kusa v Vong (trading as Allen Vong & Associates) [2018] ACTSC 103 Matuska v Ali (1987) 71 ACTR 23 Morton v Nylex Ltd [2007] NSWSC 562 Pesec v Consolidated Builders Ltd [2019] ACTSC 142 Roads & Traffic Authority of NSW v Australian National Car Parks Pty Ltd [2007] NSWCA 114 |
Parties: | Tennent Group Pty Ltd ( Applicant) Veritec Pty Ltd ( First Respondent) Mentum Systems Pty Ltd (Second Respondent) |
Representation: | Counsel J Moffett, R Walls ( Applicant) S Onitiri ( First and Second Respondent) |
| Solicitors BAL Lawyers ( Applicant) HWL Ebsworth Lawyers ( First and Second Respondent) | |
File Number: | SC 86 of 2025 |
MULLER AJ:
Introduction
1․This is an application for preliminary discovery pursuant to r 651 of the Court Procedures Rules2006 (ACT) (the CPR). The applicant company was established with a view to it being the vehicle for the provision of a range of professional services to the Department of Defence.
2․It is not a matter of controversy that the applicant company was first registered on 13 April 2023, and that its directors were, both before and after the date of registration, in negotiations with persons having a connection with the first and second potential defendant entities. Those negotiations concerned, at least, the contemplation of some joint provision of services to the Commonwealth, or more particularly, the Department of Defence.
3․It is also not a matter of controversy that, in the course of the negotiations, the applicant entered into an agreement described as a “teaming agreement” with the first potential defendant, Veritec Pty Ltd.
4․The fact of this application may be enough to demonstrate that those negotiations did not end in a way that the directors of the applicant envisaged or intended.
5․It is in respect of the legal import of those negotiations that the applicant is considering bringing proceedings against either or both of the potential defendant entities. The applicant considers that it may have a cause of action against either or both of the potential defendants, and asserts that after making reasonable inquiries, it cannot obtain sufficient information to…
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- Case
- [2025] ACTSC 313
- Decision Date
CaseChat Overview and Summary
The court found that Tennent had made reasonable inquiries to determine whether it had a cause of action against Veritec, and that there was a sufficient basis for a potential cause of action. The court also found that the scope of the discovery was narrowly tailored and limited to documents that were relevant to determining whether to bring proceedings against Veritec. The court held that an order for preliminary discovery was appropriate in the circumstances.
The orders of the court were that Tennent Group Pty Ltd was granted an order for preliminary discovery against Veritec Pty Ltd. The scope of the discovery was limited to documents relevant to determining whether to bring proceedings against Veritec in relation to defective products supplied by Veritec. The orders also included provisions for the protection of any confidential information contained in the documents.
Orders
Orders of the court
See [35]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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