GI 322 Pty Limited v Micevska [2024] NSWSC 1433

GI 322 Pty Limited v Micevska [2024] NSWSC 1433

Discovery for disputed categories 1 and 2 is refused because the relevant issues must be determined by reference to the pleadings. The pleadings do not articulate a case that would render the sought documents or metadata relevant to any fact in issue. Without a clearly pleaded case alleging that Yazbeck Law's knowledge from other transactions affected the alleged conflict of interest and duty to Ms Micevska, discretion to order discovery cannot be exercised. Metadata regarding the deed of rescission would not resolve any disputed fact and discovery in that category would be speculative or 'fishing'.

Parties
First Plaintiff, First Cross Defendant: GI 322 Pty Limited; Second Plaintiff, Second Cross Defendant: GI 323 Pty Limited; First Defendant, Cross Claimant: Zore Micevska; Second Defendant: AFSH Nominees Pty Limited; Third Cross Defendant: Premium Services Australia (PSA) Pty Limited; Fourth Cross Defendant: Mohamed Ahmed Hammoud; Fifth Cross Defendant: Lawyers Pty Ltd (t/a Yazbeck Law)
Jurisdiction
Australia
Judgment Date
04 November 2024
Procedural Posture
Civil Procedure / Interlocutory Application Discovery Ruling
Outcome
Application for discovery in disputed categories 1 and 2 refused.
Legal Topics
Discovery, Pleadings, Fiduciary Duty, Legal Professional Negligence, Conflict of Interest
Civil Procedure Discovery Pleadings Fiduciary Duty Legal Professional Negligence Conflict of Interest

Case Brief

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Parties

GI 322 Pty Limited

First Plaintiff, First Cross Defendant

GI 323 Pty Limited

Second Plaintiff, Second Cross Defendant

Zore Micevska

First Defendant, Cross Claimant

AFSH Nominees Pty Limited

Second Defendant

Premium Services Australia (PSA) Pty Limited

Third Cross Defendant

Mohamed Ahmed Hammoud

Fourth Cross Defendant

Lawyers Pty Ltd (t/a Yazbeck Law)

Fifth Cross Defendant

Procedural Posture

Civil Procedure / Interlocutory Application Discovery Ruling

Legal Issues

  1. 1 Whether categories 1 and 2 of discovery sought from Yazbeck Law are relevant to real issues in dispute and should be ordered
  2. 2 Whether relevance should be determined by the pleadings or by reference to exchanged affidavit evidence
  3. 3 Whether allegations of conflict of interest and breach of duty by Yazbeck Law are sufficient to warrant orders for discovery

Ratio Decidendi

Discovery for disputed categories 1 and 2 is refused because the relevant issues must be determined by reference to the pleadings. The pleadings do not articulate a case that would render the sought documents or metadata relevant to any fact in issue. Without a clearly pleaded case alleging that Yazbeck Law's knowledge from other transactions affected the alleged conflict of interest and duty to Ms Micevska, discretion to order discovery cannot be exercised. Metadata regarding the deed of rescission would not resolve any disputed fact and discovery in that category would be speculative or 'fishing'.

Court Disposition

Application for discovery in disputed categories 1 and 2 refused.

Orders

  • Discovery of category 1 documents from Yazbeck Law refused.
  • Discovery of category 2 metadata from Yazbeck Law refused.