A document in a list of documents is described 'sufficiently to enable it to be identified' under O 33 r 16(1) only if a person of reasonable intelligence can, merely by looking at the document, determine whether it is the document referred to in the list. For groups or bundles, some identifying mark, date or number must enable objective determination of whether an individual document falls within the group. However, a party is not entitled to descriptions sufficient to test the correctness of a privilege claim — the Kadlunga approach is rejected in Tasmania.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.