Clinical Laboratories Pty Ltd v General Practice Support Services Pty Ltd [2013] NSWSC 624

Clinical Laboratories Pty Ltd v General Practice Support Services Pty Ltd [2013] NSWSC 624

Although the steps taken by the defendant were inadequate, they made it inappropriate at that stage to strike out the defence. The better course was to adjourn the notice of motion and make directions requiring the second defendant to provide a proper list of documents, supporting affidavit, and evidence, with costs of the motion to be paid to the plaintiff.

Jurisdiction
Australia
Judgment Date
14 May 2013
Procedural Posture
Notice of Motion in Civil Proceedings / Interlocutory Application
Outcome
Notice of motion adjourned; directions and costs order made.
Legal Topics
['discovery' 'strike Out of Defence' 'non Compliance With Court Orders' 'estoppel Defence' 'penalty Clause']
['civil Procedure'] ['discovery' 'strike Out of Defence' 'non Compliance With Court Orders' 'estoppel Defence' 'penalty Clause']

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Procedural Posture

Notice of Motion in Civil Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether the defence should be struck out for non-compliance with an order requiring the defendant to provide a list of documents.' 'What directions should be made for the future progress of the proceedings.']

Ratio Decidendi

Although the steps taken by the defendant were inadequate, they made it inappropriate at that stage to strike out the defence. The better course was to adjourn the notice of motion and make directions requiring the second defendant to provide a proper list of documents, supporting affidavit, and evidence, with costs of the motion to be paid to the plaintiff.

Court Disposition

Notice of motion adjourned; directions and costs order made.

Orders

  • ["Adjourn the plaintiff's notice of motion, filed 6 May 2013, to 11 June 2013 at 9.00am." 'Order the second defendant to file and serve a list of documents and a supporting affidavit, such list to address all documents relevant to the matters pleaded by them in paragraph 2 of the defence filed 22 January 2013 on or...