Richard Crookes Constructions Pty Limited v F Hannan (Properties) Pty Limited [2009] NSWSC 142

New South Wales Supreme Court

CITATION : Richard Crookes Constructions Pty Limited v F Hannan (Properties) Pty Limited [2009] NSWSC 142

HEARING DATE(S) : 6/03/09 JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 6 March 2009

DECISION : Order that plaintiff provide discovery to defendant, to first cross defendant to 10th cross claim and to second cross defendant to 10th cross claim in electronic form.

CATCHWORDS : Practice and Procedure - Discovery - Provision of discovery in electronic form-Reference to cost effectiveness in Technology and Construction List Practice Note SC EQ3 is appropriately construed as a reference to the overall cost efficiency of the discovery process, including the benefits to be gained in the later progress of the trial - Consideration of benefits of electronic discovery over hard copy discovery in litigation with voluminous documentation - Consistent with the overriding objective of the just, quick and cheap resolution of disputes, electronic discovery reduces the overall costs to the parties of the discovery and inspection process - An electronic database of discovered documents is likely to be productive of greater flexibility, efficiency and utility in litigation involving voluminous documentation

LEGISLATION CITED : Civil Procedure Act 2005 (NSW)

CATEGORY : Procedural and other rulings

CASES CITED : Harris Scarfe Limited v Ernst & Young (No 3) [2005] SASC 407, BC 200509140

Richard Crookes Constructions Pty Limited (Plaintiff) F Hannan (Properties) Pty Limited (Defendant) PARTIES : M & W Zander Pte Limited (First Cross Defendant Second Cross Claim) JPR Architects Pty Ltd (First Cross Defendant to Tenth Cross Claim)