Daniel Ghalloub & Anor v Joseph Ghalloub & Ors [2012] NSWSC 906

Daniel Ghalloub & Anor v Joseph Ghalloub & Ors [2012] NSWSC 906

The Commercial List Statement pleaded by the Plaintiffs is sufficiently clear, and does not warrant strike out or further particularisation; exceptional circumstances justify ordering discovery of documents prior to the closing of pleadings; subpoenas for accounting documents are not to be set aside at this stage.

Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Equity / Interlocutory Orders on Pleadings, Discovery and Summary Judgment Motion
Outcome
Defendants' motion for strike out, particulars, and to set aside subpoenas dismissed. Discovery ordered. Summary judgment entered for First Plaintiff for $650,000 as partial disposal. Proceedings to continue as regards remaining claims.
Legal Topics
['pleadings' 'strike Out Applications' 'discovery Before Close of Pleadings' 'summary Judgment' 'particularisation' 'subpoenas']
['practice and Procedure' 'equity'] ['pleadings' 'strike Out Applications' 'discovery Before Close of Pleadings' 'summary Judgment' 'particularisation' 'subpoenas']

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Procedural Posture

Equity / Interlocutory Orders on Pleadings, Discovery and Summary Judgment Motion

Legal Issues

  1. 1 ['Whether the Commercial List Statement should be struck out or further particularised' 'Whether discovery and access to documents should be ordered before close of pleadings' 'Whether subpoenas issued for accounting information should be set aside']

Ratio Decidendi

The Commercial List Statement pleaded by the Plaintiffs is sufficiently clear, and does not warrant strike out or further particularisation; exceptional circumstances justify ordering discovery of documents prior to the closing of pleadings; subpoenas for accounting documents are not to be set aside at this stage.

Court Disposition

Defendants' motion for strike out, particulars, and to set aside subpoenas dismissed. Discovery ordered. Summary judgment entered for First Plaintiff for $650,000 as partial disposal. Proceedings to continue as regards remaining claims.

Orders

  • ["On Plaintiffs' Amended Notice of Motion, orders in terms of paragraphs 1, 2, and 3 granted (including discovery)." 'Summary judgment entered for First Plaintiff in sum of $650,000.' "Defendants' motion dismissed." 'Defendants to file and serve Response to Commercial List Statement by 15 August 2012.' 'Plaintiffs...