New Cap Reinsurance Corporation Ltd (In Liq) and 1 Or v Renaissance Reinsurance Ltd [2007] NSWSC 258 — Discovery And Inspection Of Documents — Barrister AI

New Cap Reinsurance Corporation Ltd (In Liq) and 1 Or v Renaissance Reinsurance Ltd

[2007] NSWSC 258

Supreme Court of NSW

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Interrogate

Catchwords

1. Procedure
2. › Discovery and inspection of documents
3. › Grounds for resisting production
4. › Exclusion of evidence of settlement negotiations
5. › Communication of extract of document made in the course of settlement negotiations
6. › Held that defendant not entitled to inspect balance of document.
1. Considered: Evidence Act 1995 (Cth), ss 117, 119, 122, 126, 131(1)
1. Procedure
2. › Discovery and inspection of documents
3. › Grounds for resisting production
4. › Relevance
5. › Documents created during later period reflecting historical financial position of company
6. › Oppression
7. › Where process of giving discovery of certain class of documents would be onerous
8. › Discovery not necessary
9. › Utility of discovery outweighed by burden
10. › Discovery not ordered.

Case Details

Citation[2007] NSWSC 258

CourtNSWSC

JurisdictionNew South Wales

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Cited by34

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Relies on28

2006Natuna Pty Ltd v CookNSWSC 1367
2006AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) (with Corrigendum dated 25 October 2006)FCA 1234
2006In the matter of Southland Coal Pty Ltd (rec and mgrs apptd)(in liq)NSWSC 899
2006Brookfield v Yevad Products Pty LtdFCA 1180
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