TSPD Pty Ltd v. Resortrez Pty Ltd

Resortrez Pty Ltd brought an action against TSPD Pty Ltd. Resortrez sought various relief including damages, an injunction and an account of profits. Resortrez sought discovery of documents from TSPD. TSPD resisted the discovery, claiming the documents were protected by legal professional privilege. Resortrez subsequently applied for an order for TSPD to produce the documents to a third party, Suncorp-Metway Limited, for inspection. The court had to determine whether the application met the requirements of Rule 242(2) of the Supreme Court (General Civil Procedure) Rules 2005 (Qld). The court had to consider whether the documents were relevant to the proceedings and whether they were used to prove a matter in them.

The court considered whether the application met the requirements of Rule 242(2). The court noted that Rule 242(2) applied only where the documents were used to prove a matter in them. The court found that the documents were relevant to the proceedings, as they related to the cause of action. The court also found that the documents were not used to prove a matter in them, as they were sought for the purpose of determining the scope of legal professional privilege. The court noted that there was no objection to the production of the documents to Suncorp-Metway Limited, and that there was a legitimate forensic purpose for doing so. The court therefore made an order granting leave for the parties to inspect and copy the documents produced by Suncorp-Metway Limited. The costs of the application were reserved.