Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2022] FCA 327

FEDERAL COURT OF AUSTRALIA

Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2022] FCA 327 File number: SAD 109 of 2020

Judgment of: BESANKO J

Date of judgment: 4 April 2022

Catchwords: PRACTICE AND PROCEDURE — Interlocutory application for order for further and better particulars of Defence filed by respondents pursuant to r 16.45 of Federal Court Rules 2011 (Cth) (Rules) — where applicant's solicitors made various requests for particulars — whether appropriate to make order for particulars — order that particulars be provided in relation to a number of applicant's requests — order refused as to others PRACTICE AND PROCEDURE — Interlocutory application pursuant to r 20.31(3) of Rules for production of documents referred to in Notice to produce a document in a pleading or affidavit served by applicant on respondents — where discovery process in proceeding underway or shortly to be underway — where basis of application in part that documents that have been produced by respondents did not include the documents in native format and metadata — where metadata not specifically identified in Notice to produce — whether reference to document in Notice to produce includes reference to its metadata — order for production of certain documents not yet produced — no order for production of metadata

Legislation: Federal Court Rules 2011 (Cth) rr 16.45, 20.31

Cases cited: Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2021] FCA 491 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Deemah Marble & Granite Pty Ltd (in liq) v Sutherland [2001] NSWSC 829 DP World Sydney Ltd v Maritime Union of Australia (No 1) [2013] FCA 278 Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No 3) [2011] FCA 539 Smith v Harris (1883) 48 LT 869