Kaji Australia Pty Ltd v Glover (No. 2) [2018] NSWSC 414

Kaji Australia Pty Ltd v Glover (No. 2) [2018] NSWSC 414

The affidavits sworn by the fourth cross-defendant demonstrated sufficient compliance with discovery obligations except potentially regarding archived files left with Mr Prestia, for which a subpoena was ordered. The applicant did not satisfy the threshold to go behind the affidavit of discovery or justify cross-examination.

Parties
First Plaintiff: Kaji Australia Pty Ltd; Second Plaintiff: William Bradley Webster; Defendant/cross Claimant: Johann Benson Glover; Third Cross Defendant: Mercia Financial Solutions Pty Ltd; Fourth Cross Defendant: Richard Nicholson; Fifth Cross Defendant: Rodney Shields
Jurisdiction
Australia
Judgment Date
09 April 2018
Procedural Posture
Notice of Motion / Interlocutory Application Regarding Discovery
Outcome
Application dismissed
Legal Topics
Discovery, Affidavit of Documents, Further and Better Discovery, Cross Examination on Discovery, Reasonable Search for Documents
Civil Procedure Discovery Affidavit of Documents Further and Better Discovery Cross Examination on Discovery Reasonable Search for Documents

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Parties

Kaji Australia Pty Ltd

First Plaintiff

William Bradley Webster

Second Plaintiff

Johann Benson Glover

Defendant/cross Claimant

Mercia Financial Solutions Pty Ltd

Third Cross Defendant

Richard Nicholson

Fourth Cross Defendant

Rodney Shields

Fifth Cross Defendant

Procedural Posture

Notice of Motion / Interlocutory Application Regarding Discovery

Legal Issues

  1. 1 Whether the fourth cross-defendant should be ordered to attend court for cross-examination regarding affidavit verifying discovery
  2. 2 Whether further and better discovery should be ordered against the third and fourth cross-defendants
  3. 3 Whether reasonable search was undertaken by the fourth cross-defendant

Ratio Decidendi

The affidavits sworn by the fourth cross-defendant demonstrated sufficient compliance with discovery obligations except potentially regarding archived files left with Mr Prestia, for which a subpoena was ordered. The applicant did not satisfy the threshold to go behind the affidavit of discovery or justify cross-examination.

Court Disposition

Application dismissed

Orders

  • The defendant/cross-claimant's notice of motion filed 15 February 2018 is dismissed.