Schofields Property Development Pty Ltd v Lindsay-Owen [2014] NSWSC 220

Schofields Property Development Pty Ltd v Lindsay-Owen [2014] NSWSC 220

Exceptional circumstances necessitating disclosure of documents before service of all evidence have not been established. The applicants either already have access to documents in Villawood’s possession, or sufficient reasons have not been shown for requiring Schofields to provide further disclosure at this stage.

Jurisdiction
Australia
Judgment Date
12 March 2014
Procedural Posture
Interlocutory Application / Notice of Motion for Disclosure of Documents Before Service of All Evidence
Outcome
Notice of motion dismissed
Legal Topics
['interlocutory Disclosure' 'exceptional Circumstances' 'practice Note SC Eq 11']
['civil Procedure' 'equity' 'commercial Law'] ['interlocutory Disclosure' 'exceptional Circumstances' 'practice Note SC Eq 11']

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Procedural Posture

Interlocutory Application / Notice of Motion for Disclosure of Documents Before Service of All Evidence

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify disclosure of documents before service of all evidence under Practice Note SC Eq 11']

Ratio Decidendi

Exceptional circumstances necessitating disclosure of documents before service of all evidence have not been established. The applicants either already have access to documents in Villawood’s possession, or sufficient reasons have not been shown for requiring Schofields to provide further disclosure at this stage.

Court Disposition

Notice of motion dismissed

Orders

  • ["The Cross Claimants' notice of motion of 9 December 2013 is dismissed." "Costs to be determined; tentative view is that costs should be the Cross-Defendants' costs in the cause."]