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Victorian Taxi Families Inc. v Commercial Passenger Vehicle Commission; Commercial Passenger Vehicle Commission v Redfield Court Holdings P/L [2020] VSC 762

DISCOVERY OF DOCUMENTS
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Cavanough J
Parties: 

Victorian Taxi Families Inc. v Commercial Passenger Vehicle Commission; Commercial Passenger Vehicle Commission v Redfield Court Holdings P/L

Judgment Date: 
17 November 2020
Catchwords: 

DISCOVERY OF DOCUMENTS - Preliminary discovery - Jurisdiction and principles - Whether preliminary discovery available in relation to putative claim for bare declarations - Whether bare declaration amounts to relief 'from' a person - Principles relating to prospects of success of putative claims - Assessment of applicants' foreshadowed claims - Utility of proposed declarations - Declarations in matters of public interest - Public authority apparently purporting to dispense with statutory provisions - Standing of industry representative body to seek declarations - Additional putative claim for damages for negligence - Novel duty of care alleged - Whether documents sought may be relevant and helpful - Decision of Associate Judge varied on appeal - Preliminary discovery granted - Transport (Compliance and Miscellaneous) Act 1983 (Vic) Part VI Division 5 (as in force in 2016) - Transport Integration Act 2010 (Vic) Part V Division 3 (as in force in 2016) - Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 20, 38, 39 - Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 32.05.

Citation: