Repeated failure to comply with orders of the Court
Quick Take
1A party's obligation to give proper discovery extends to taking all reasonable steps to obtain documents from former solicitors, including issuing a subpoena if the former solicitor refuses to release the file without one.
2Repeated failure to comply with court orders for discovery, causing real prejudice to the opposing party, may warrant dismissal of proceedings under r 1404 of the Court Procedures Rules 2006 (ACT), having regard to the overriding purpose of facilitating just, quick, inexpensive and efficient resolution of disputes under s 5A of the Court Procedures Act 2004 (ACT).
Case Details
Citation[2022] ACTSC 239
CourtACTSC
JurisdictionAustralian Capital Territory
Decision Date2 September 2022
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