WILLIAMS v Grainger

In the case of Williams v Grainger, the respondent sought orders from the Supreme Court of New South Wales under rule 8A(2) of the Supreme Court Rules 2000, to allow the applicant to inspect documents that had been produced by the applicant under rule 8(2) of the same rules. The application was for an order permitting the respondent to take photocopies of these documents during the inspection. The nature of the dispute centred on the rights of a party inspecting documents under the Supreme Court Rules, particularly whether they were entitled to take photocopies at the time of inspection and, if so, whether they could be compensated for the cost of making those copies.

The legal issues before the court were whether the respondent had the right to take photocopies of the documents during inspection and, if so, whether the Supreme Court Rules allowed for payment to be made for those photocopies. The court had to determine whether the rules permitted the taking of photocopies during inspection and if there was any provision for compensation for the cost of making those copies.

The court held that the respondent had the right to take photocopies of the documents during inspection as this was a reasonable and practical way of inspecting the documents, especially given the volume involved. The court found that the rules did not explicitly prohibit the taking of photocopies, nor did they provide for compensation for the cost of making those copies. The court concluded that the rules did not restrict the respondent's right to take photocopies during inspection and that the respondent was entitled to payment for the cost of making those copies. The court ordered that the documents be identified by list or otherwise, and that the respondent be permitted to take copies during inspection, with payment for the cost of making those copies to be provided by the applicant.