Idoport Pty Ltd v National Australia Bank [3] [1999] NSWSC 1026

New South Wales Supreme Court CITATION : Idoport Pty Ltd v National Australia Bank [3] [1999] NSWSC 1026 CURRENT JURISDICTION : Equity Division, Commercial List FILE NUMBER(S) : 50113/98 HEARING DATE(S) : 28 September 1999, 25 October 1999 JUDGMENT DATE : 28 October 1999

PARTIES : Idoport Pty Ltd & anor (Plaintiffs) National Australia Bank Limited & ors (Defendants) JUDGMENT OF : Einstein J

COUNSEL : M. Dicker (Plaintiffs) J. Sackar QC, H.K. Insall (Defendants) SOLICITORS : Withnell Hetherington (Plaintiffs) Freehill Hollingdale & Page (Defendants) CATCHWORDS : Practice - Discovery - Further discovery - Discovery not to be used as indirect interrogation - Matters in issue - Relevance - Whether documents generally relating to the significance to the defendants of E-commerce for the provision of financial services, go to facts in issue - Evidence - Ambit of evidence permissible on claim to expand categories of discoverable documents. Commonwealth v Northern Land Council (1991) 103 ALR 267 Lakatoi Universal Pty Ltd & Ors v Walker & Ors, (Unreported, Supreme Court of New South Wales, 31 July 1998, Rolfe J) CASES CITED : Mulley v Manifold (1959) 103 CLR 341 National Employers Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 DECISION : Order that:; Order that the defendants give discovery of the following documents by the following dates:; (1) High level documents created in the period from 6 November 1996 internally with any one or more of the defendants referring to or commenting upon or considering the importance to any one or more of the defendants of E-commerce for the provision of financial services.; (2) High level documents created in the period from 7 November 1996 recording, referring to or relating to analyses or evaluations or consideration of the benefit to any one or more of the defendants of E-commerce for the provision of financial services.; (3) In paragraphs 1 and 2 of this order 'high level documents' means:; All documents which were sent to:; (a) Any one or more of the individual defendants; and/or; (b) The board of directors of one of more of the corporate defendants; and/or; (c) Any person or committee or subcommittee reporting to any of the individual defendants or the boards of any one of the corporate defendants, and/or; (d) Any one or more persons in the Group Leadership Team (as described on page 13 of the National Australia Bank Limited 1998 Annual Report [being exhibit A1 as marked on the interlocutory discovery application heard on 28 September 1999].; (4) Discovery of documents sent to the persons and entities referred to in sub-paragraphs (a) and (b) of paragraph 3 is to take place by 29 February 2000.; (5) Discovery of documents sent to the persons and entities referred to in sub-paragraphs (c) and (d) of paragraph 3 is to take place by 31 March 2000.; (6) The proceedings are stood over for further directions on the first day of term next year, prior to which date the defendants' solicitors are to file and serve an affidavit dealing with the defendants' progress in complying with these directions. The affidavit is to detail the precise steps taken in endeavouring to comply with these directions.