James Green appeared for the plaintiff/applicant, instructed by Cooper Grace Ward.
Bianca Kabel appeared for the defendant/respondent, instructed by Allens.
In this case, the plaintiff commenced a claim alleging breach of an express or implied term of a contract for the lease of a premises, and for unconscionable conduct contrary to s 21 of the Australian Consumer Law, seeking damages. The plaintiff also sought the disclosure of two categories of documents pursuant to r 223(1) of the Uniform Civil Procedure Rules 1999 (Qld), which was resisted by the defendant on the grounds that the plaintiff had not established the relevance of the documents to the allegations in the pleadings, and that the plaintiff had also not established that there was an objective likelihood of the existence of documents within the specified category.
The Court concluded that the documents sought were directly relevant to an issue in the pleadings, and that it was objectively likely that the documents sought had not been disclosed. It was ordered that pursuant to r 223(1), the defendant disclose the relevant documents to the plaintiff within 14 days of the order. The parties will be heard as to costs.
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