AN UNUSUAL POINT

Evening Post, Volume CX, Issue 32, 6 August 1930, Page 11

AN UNUSUAL POINT

DISCOVERY ORDER TO STAND

Judgment was delivered in trie-Full Court to-day in the ease in which?: there was argument as to whether an. order for discovery could bo properly made in favour of one defendant as agaiist another defendant. A motion was brought: to review an order made in Chambers by Mr. Justice Eeed, ordering Ellermau, Bucknall, and Co., Ltd., and the Federal Steam Navigation - Co., Ltd.," to :! 'make discovery of documents upon the "appli-' Cation of their fellow defendant; - tHe" New. Zealand Shipping Co. ■ "'• ••''" '

Mr. Justice Reed, who delivered the judgment of the Full Court, said he thought that tho motion should; bo dismissed and tho'order should stand; In' the course of his judgment he'said: "It by no means follows from this decision that discovery may be ordered as a general rule .as between two aefenda.riti.' Ail that this judgment does is/ta ajipl^". wsLNestablished principles to/the circumstances of the present case.and to hold that, in .those circumstances, discovery may bo ordored." Their Honours the Chief Justice (Sir Michael Myers) and Mr. Justice Blair concurred. * Mr. G. G. Watson, with him Mr. W. P. Shorland, appeared for the two firstnamed defendants, in support of the motion, and Mr. C; A, L. Tread^ell,' with, him Mr. 11. J. V. James, fof.'ti*" New Zealand Shipping Co. "■ '"'