Oztech Pty Ltd v Public Trustee of Queensland (No 4) [2016] FCA 268

FEDERAL COURT OF AUSTRALIA

Oztech Pty Ltd v Public Trustee of Queensland (No 4) [2016] FCA 268 File number(s): NSD 937 of 2014

Judge(s): YATES J

Date of judgment: 17 March 2016

Catchwords: DISCOVERY – discovered documents – notes of solicitors – where it was submitted that certain discovered documents were illegible – whether transcriptions should be provided COSTS – substantial success on interlocutory application – whether costs should follow the event

Cases cited: Bayer AG v Harris Pharmaceuticals Limited [1991] FSR 170 Oztech Pty Ltd v Public Trustee of Queensland (No 2) [2015] FCA 1485 Paddick v Associated Newspaper Ltd [2003] EWHC 2991 (QB) Reid v Wright [2014] NSWSC 904

Date of hearing: 11 February 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: Mr C Withers and Mr R May

Solicitor for the Applicant: Squire Patton Boggs

Counsel for the Respondent: Mr DB O'Sullivan QC and Mr J O'Regan

Solicitor for the Respondent: Clayton Utz

ORDERS NSD 937 of 2014

BETWEEN: OZTECH PTY LTD ACN 005 907 871 Applicant

AND: THE PUBLIC TRUSTEE OF QUEENSLAND Respondent

JUDGE: YATES J DATE OF ORDER: 17 MARCH 2016

THE COURT ORDERS THAT:

1. The applicant's application for transcriptions of the file notes comprising pages 369 to 908 of Exhibit AKB-3 to the affidavit of Amanda Kim Banton, sworn 22 October 2015, be refused. 2. The costs of and incidental to the interlocutory application filed by the applicant on 27 November 2015, including the hearing on 10 December 2015, be the applicant's costs in the cause. 3. Other than as provided by the operation of Order 2, there be no order for costs of and incidental to the interlocutory application filed by the applicant on 22 October 2015. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.