Fudlovski v JGC Accounting & Financial Services Pty Ltd

[2014] WASCA 237

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery
3. › Further and better discovery
4. › Relevance of documents sought
5. › Whether documents relevant to pleaded issues of conflict of duty and interest
6. › Peruvian Guano test
7. › Rules of the Supreme Court 1971 (WA)
1. Practice and Procedure
2. › Discovery
3. › Relevance
4. › Documents post-dating period of pleaded reliance
5. › Whether post-period documents indirectly relevant to establishing nature of relationship during relevant period
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal interlocutory decision
4. › Whether decision attended with sufficient doubt
5. › Whether substantial injustice would result if decision left unreversed
1. Practice and Procedure
2. › Apprehended bias
3. › Whether primary judge's characterisation of pleadings at interlocutory stage gave rise to apprehended bias

Quick Take

Documents revealing the nature and scope of a business relationship in a period after the pleaded acts of reliance may be indirectly relevant for discovery purposes under the Peruvian Guano test, where they could support an inference that the relationship during the relevant period was not materially different. In fiduciary duty claims alleging conflict of interest, discovery should address both conflict of duty and duty, and conflict of duty and interest, as these are distinct allegations requiring separate consideration of relevance.