Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Georgiou v Spencer Holdings Pty Ltd (No 4) [2011] FCA 1222 Citation: Georgiou v Spencer Holdings Pty Ltd (No 4) [2011] FCA 1222
Parties: EKATERINA (KATERINA) GEORGIOU v SPENCER HOLDINGS PTY LTD ACN 096 497 148 TRADING AS PROPELL NATIONAL VALUERS (SA), KELVIN JAMES SPENCER, JAMES SPENCER, TERRI CHURCH and JANINE BACKSHALL
File number: SAD 68 of 2010
Judge: BESANKO J
Date of judgment: 28 October 2011
Catchwords: PRACTICE AND PROCEDURE — application pursuant to r 5.04(3) item 12 of the Federal Court Rules by respondents to proceeding for order that applicant identify discovered e-mails apparently sent by her whose authenticity she denied — whether respondents should rely on O18 r 3 of the previous Federal Court Rules — application by respondents for further particulars of claim for privilege over documents — where applicant said provision of further particulars would have effect of disclosing matters over which privilege was claimed — application by respondents for further and better discovery of information obtainable from applicant's mobile phone — application to strike out particulars inconsistent with the reply filed by applicant — application by applicant for discovery of documents evidencing arrangements by second respondent to meet women during particular period — where second respondent alleged applicant had met with him for sexual intercourse at various hotels — where respondents had discovered hotel receipts — where applicant denied meeting with second respondent — whether there were grounds to believe that relevant documents exist — whether category of documents sought too broad Held: Orders were made that the applicant identify the e-mails, provide further particulars of her claim of privilege, that further and better discovery of information relating to the applicant's mobile phone be made, that the particulars be struck out and that the respondents make disclosure of the category of documents sought by the applicant.
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