Hillier v Martin (No 4) [2021] FCA 710

Federal Court of Australia

Hillier v Martin (No 4) [2021] FCA 710 File number: SAD 113 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 25 June 2021

Date of publication of reasons: 29 June 2021

Catchwords: PRACTICE AND PROCEDURE – discovery – parties in dispute as to the ownership structure of a business – applicant asserting the business assets are held on trust pursuant to a joint venture in specified shares – respondent asserting the business is held pursuant to a discretionary trust – respondent's defence putting the applicant to proof on his claims – respondent denying the applicant's entitlement to damages and equitable compensation including for breach of trust – applicant alleging the respondent is in default of an order for standard discovery in respect of a database of information accessible by way of accounting software – whether the database is a discoverable document – information in the database directly relevant to facts in issue, including the quantification of remedies – whether the whole of the database should be produced PRACTICE AND PROCEDURE – application by a prospective additional respondent for an adjournment of proceedings – prospective respondent having as a director the respondent in the proceedings – whether an adjournment of a discovery application between existing parties is necessary to afford procedural fairness to the prospective respondent – whether the prospective respondent has had sufficient knowledge to intervene in the proceedings in circumstances where both directors of the prospective respondent are to be attributed with knowledge of every step taken and in circumstances where the order for standard discovery was consented to by one of its two directors – adjournment application dismissed