Gillies v Downer EDI Limited [2011] NSWSC 265

Supreme Court New South Wales

Medium Neutral Citation: Gillies v Downer EDI Limited [2011] NSWSC 265 Hearing dates: On the papers Decision date: 08 April 2011 Jurisdiction: Common Law Before: Garling J Decision: The defendant is to give discovery of documents within the categories identified by the Court. Catchwords: PROCEDURE - Discovery - Must be relevant to a fact in issue - Whether discovery categories are too broad. Legislation Cited: Civil Procedure Act 2005 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: ACD Tridon v Tridon Australia Pty Ltd [2004] NSWSC 77 Adelaide Bank Ltd v Property Builders Pty Ltd [2009] NSWSC 1147 Gillies v Downer EDI Ltd [2010] NSWSC 1323 Mulley v Manifold (1959) 103 CLR 341 National Australia Bank v Idoport Pty Limited [2000] NSWCA 8 Priest v State of New South Wales [2006] NSWSC 12 Category: Procedural and other rulings Parties: Stephen John Gillies (P) Downer EDI Limited (D) Representation: Counsel: On the papers Solicitors: Dibbs Barker (P) Corrs Chambers Westgarth (D) File Number(s): 2007/265271

Judgment 1Mr Gillies was the chief executive officer of Downer EDI Limited from 1 June 1997 until August or September 2007. 2Mr Gillies has brought proceedings against Downer EDI which relate to the circumstances of his removal as chief executive officer, and to whether there are any outstanding monies owed to him by Downer EDI. 3Downer EDI cross-claims against Mr Gillies for repayment of monies which it claims are outstanding to it, and for other relief.