1An affidavit of discovery is not conclusive where the likely existence of undiscovered documents can be inferred from documents already discovered or material already filed in the proceeding, including documents that must have been held on a solicitor's file.
2The power to strike out proceedings for non-compliance with court orders should be exercised sparingly and only where the failure can confidently be inferred to have been deliberate or constitutes a significant breach of the party's duty to the court.
3A party's discovery obligation under r 607(3) extends to documents in the custody or power of the party's solicitor, and silence as to the solicitor's file without explanation constitutes inadequate compliance.
Case Details
Citation[2022] ACTSC 161
CourtACTSC
JurisdictionAustralian Capital Territory
Decision Date5 July 2022
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