ICAP Australia Pty Ltd v Howell; GFI Australia Pty Ltd v Cotton [2019] NSWSC 1024

ICAP Australia Pty Ltd v Howell; GFI Australia Pty Ltd v Cotton [2019] NSWSC 1024

The Notice to Produce was set aside as the documents sought were not specifically referred to or clearly identified in the pleadings or affidavits, and no exceptional circumstances justified bypassing discovery procedures; parties ordered to serve evidence in the order contended for by Mr Kalaf.

Parties
First Plaintiff; Seventh Defendant: ICAP Australia Pty Ltd; Second Plaintiff: ICAP Brokers Pty Ltd; First Defendant; Second Cross Defendant: Bradley Howell; Second Defendant; Third Cross Defendant: John Kalaf; Third Defendant; Plaintiff; First Cross Defendant: GFI Australia Pty Ltd; First Defendant; Cross Claimant: Matthew Cotton; Second Defendant; Cross Claimant: Angus McGilvray; Third Defendant; Cross Claimant: Mark Pisani; Fourth Defendant; Cross Claimant: Oliver Gilbert; Fifth Defendant; Cross Claimant: Oliver Temperton; Sixth Defendant; Cross Claimant: Matthew Ferris
Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Equity Commercial List / Interlocutory Application Setting Aside Notice to Produce; Directions as to Evidence
Outcome
Notice to produce set aside; directions given as to order of evidence
Legal Topics
Notice to Produce, Discovery, Directions as to Evidence, Overriding Purpose
Civil Procedure Notice to Produce Discovery Directions as to Evidence Overriding Purpose

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

ICAP Australia Pty Ltd

First Plaintiff; Seventh Defendant

ICAP Brokers Pty Ltd

Second Plaintiff

Bradley Howell

First Defendant; Second Cross Defendant

John Kalaf

Second Defendant; Third Cross Defendant

GFI Australia Pty Ltd

Third Defendant; Plaintiff; First Cross Defendant

Matthew Cotton

First Defendant; Cross Claimant

Angus McGilvray

Second Defendant; Cross Claimant

Mark Pisani

Third Defendant; Cross Claimant

Oliver Gilbert

Fourth Defendant; Cross Claimant

Oliver Temperton

Fifth Defendant; Cross Claimant

Matthew Ferris

Sixth Defendant; Cross Claimant

Procedural Posture

Equity Commercial List / Interlocutory Application Setting Aside Notice to Produce; Directions as to Evidence

Legal Issues

  1. 1 Whether GFI's Notice to Produce under UCPR r 21.10(1) should be set aside
  2. 2 What is the appropriate order of service of evidence in related proceedings

Ratio Decidendi

The Notice to Produce was set aside as the documents sought were not specifically referred to or clearly identified in the pleadings or affidavits, and no exceptional circumstances justified bypassing discovery procedures; parties ordered to serve evidence in the order contended for by Mr Kalaf.

Court Disposition

Notice to produce set aside; directions given as to order of evidence

Orders

  • Notice to produce set aside
  • Direct evidence to be served in the order contended for by the second defendant (Mr Kalaf)