Appeal against discovery orders in telecommunications licence challenge dismissed, with minor modification

The Court of Appeal dismissed the appeal against a High Court order granting extensive discovery of documents related to the award of a significant telecommunications licence. The proceedings arose from claims of corruption and other wrongdoing in the conduct of a public tender process, with the original High Court decision granting discovery across multiple document categories. The appellants, all State parties, argued that the discovery ordered was excessive, irrelevant, or amounted to 'fishing', and that the case had improperly expanded to general procurement issues beyond the alleged core of corruption. The Court of Appeal found that, under the pleadings as amended (with consent), the discovery ordered was appropriate, relevant to the issues in dispute, and fell within the range of the trial judge's discretion. However, the discovery ordered for one category was narrowed and aligned with the specific pleadings, and the court required indemnity for costs for certain non-party-style discovery. The outcome largely affirms the High Court's approach, clarifying that discovery is governed by the scope of live issues on the pleadings and disputing parties’ denials.