Hamod v State of New South Wales (No 6) [2007] NSWSC 1366

Hamod v State of New South Wales (No 6) [2007] NSWSC 1366

The order for forensic examination should be made, subject to proper security arrangements managed by the plaintiff and undertakings from the second defendant, as the plaintiff has accepted these undertakings as adequate and the second defendant has reasonable grounds to seek the examination.

Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Interlocutory Application / Application for Access to Documents for Forensic Examination
Outcome
Application granted with terms; parties invited to bring draft orders for security and procedure.
Legal Topics
['access to Documents' 'forensic Examination' 'security Arrangements' 'discovery']
['civil Procedure'] ['access to Documents' 'forensic Examination' 'security Arrangements' 'discovery']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Access to Documents for Forensic Examination

Legal Issues

  1. 1 ['Whether to grant interlocutory orders for forensic examination of the disputed platinum bullion certificate' 'What security and procedural arrangements are appropriate for the transport and examination of the certificate']

Ratio Decidendi

The order for forensic examination should be made, subject to proper security arrangements managed by the plaintiff and undertakings from the second defendant, as the plaintiff has accepted these undertakings as adequate and the second defendant has reasonable grounds to seek the examination.

Court Disposition

Application granted with terms; parties invited to bring draft orders for security and procedure.

Orders

  • ['Order for plaintiffs to make the document (platinum certificate) available for examination at Forensic Document Services Pty Limited, Manly, by expert for second defendant.' 'Order that Mr Hamod is entitled to remain with, or in close proximity to, the certificate at all times during examination.' 'Plaintiffs to...