Disclosure and discovery - Mini-quiz

1:Where can you find the test that limits the scope of discovery?
A)

In the Civil Procedure Act 2010

Incorrect

 

B)

In rules of court

Correct

 

C)

In the Supreme Court Act 1986

Incorrect

 

D)

In s54 of the Civil Procedure Act 2010

Incorrect

  

2:What powers does a court have to make orders or give directions in respect of discovery?
A)

A court may make any order or give any direction in relation to discovery

Incorrect

 

B)

A court may make any order or give any direction in relation to discovery that it considers necessary or appropriate

Correct

 

C)

A court may make any order or give any direction in relation to discovery, having regard to the overarching purpose

Incorrect

 

D)

A court may make any order or give any direction from those listed in s55(2)-(3)

Incorrect

 

3:Which of the following is the order that would be least likely to be made in respect of discovery?
A)

A negligence dispute, an order that an occupier make discovery of any documents relating the maintenance of the premises on which the plaintiff suffered an injury

Incorrect

 

B)

A complicated contract dispute between a builder, the builder’s sub-contractors, an architect, and a property developer, an order that each party make discovery to any other party where that party so requests

Incorrect

 

C)

A mortgage possession claim, an order that discovery occur in stages, such that the mortgagee makes discovery before the close of pleadings and the mortgagor makes discovery at a later time yet to be specified

Correct

 

D)

A dispute over the meaning of ‘those who have depended upon me’ in a will, an order that the executor and children of the deceased have their discovery obligations limited to documents about the children’s dependence on the deceased

Incorrect

 

4:Which of the following scenarios would not enliven a court’s power to make an order or give a direction under s56?
A)

A defendant fails to provide a person to locate and identify documents which delays discovery significantly

Incorrect

 

B)

A plaintiff does not disclose a document on which it relies

Incorrect

 

C)

A plaintiff, after being ordered to arrange its documents chronologically, orders them alphabetically

Incorrect

 

D)

A defendant does not disclose a document because it reasonably believes it is already in the possession of the plaintiff

Correct

 

5: A plaintiff’s lawyer, X, causes the plaintiff to completely fail to comply with its discovery obligations. Which of the following is the least appropriate order?
A)

That the plaintiff’s claim be dismissed

Correct

 

B)

That indemnity costs be paid by X

Incorrect

 

C)

That X be compelled to give evidence in connection with the failure

Incorrect

 

D)

That disciplinary action be taken against X

Incorrect

 

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