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The High Court refused to order the discovery of documents that one party already possessed or should have possessed, deeming it unnecessary despite their relevance to the case, but makes limited order for other discovery. This decision challenges the traditional presumption that relevant documents are inherently necessary for discovery, emphasizing the need for a logical interpretation of the term 'necessary' in the context of modern litigation. The court also ordered the discovery of documents that may shed light on whether a party abused its dominant position, highlighting the relevance of internal considerations to the dispute. This ruling comes against the backdrop of the unimplemented Kelly Report, which calls for the abolition of 19th-century discovery rules that are seen as obstructing justice in the era of electronic data proliferation.
Discovery rules, Kelly Report, obstruction to justice, electronic data, High Court, relevance test, necessary for fair disposal, proprietary information, dominant position, Copyright and Related Rights Act, 2000, Peruvian Guano case, legal reform, litigation costs, Clarke C.J., Tobin v Minister for Defence, Supreme Court, necessity in discovery, internal considerations, abuse of dominant position.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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