It's a highly complex case that is dragging on and on but in a critical move, the Court has ordered discovery of documents, emails and other materials going back to 2015. This is effectively a subpoening of all records cited and most of the documents and emails will have to be discovered by Fujifilm, who no longer trade as Fuji Xerox. The list names names that reads like a 'who's who' of FXA and Fujifilm senior management over the past six years.
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| Justice Colvin's ordering of extensive document discovery will delve deeply into the truth of the FXA matter |
Tuesday 15th June at 9:30am (AWT) is scheduled to be the start of the Federal Court Case Management Hearing in the protracted legal battle between the former Fuji Xerox Australia together with Fuji Xerox Finance, and former Managing Director Neil Whittaker, Financial Controller Devlin Bell, Auditors EY (Ernst & Young) and EA Lang, former EY partner.
Barring any further adjourment, Justice Colvin will begin hearing the cases, having ordered discovery of a mountain of documents, meeting minutes and emails going back six years or more.
The documents and corresponcence ordered to be discovered go very deeply into the financial structure and modus operandi of Fuji Xerox in Australia, New Zealand and Asia-Pacific from 2015. The main burden of discovery falls on Fuji Xerox - understandable in view of its systems and back-ups in its Oracle and Aurora platforms.
To-and-from correspondences are sought from an extensive list of executives from the top down, including Japanese who are no longer with Fujifilm compoanies, and include HR for copies of employment contracts and deeds of release.
Included is correspondence from: "the various sales people who were employed by the First Respondent (FXA) from the Fuji Xerox New Zealand team, who were allegedly permitted to enter into deals with little oversight or approval"
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"FXA's alleged goal to increase 'top line revenue' and to use Special Contracts to achieve this goal."
With such a mountain of evidence to be studied and heard, it looks like the case could continue for some time, with attendand legal costs creating a mountain of their own.
Apart from the original filing by FXA against Whittaker, Bell, EY and Lang; there are also cross-claims to be heard concurrently.
We will keep you updated.
