Chandra & Anor v Perpetual Trustee Victoria Limited & Anor (No 2) [2006] NSWSC 1344

Chandra & Anor v Perpetual Trustee Victoria Limited & Anor (No 2) [2006] NSWSC 1344

The categories of documents sought bear potentially on proving or disproving allegations of forgery and whether funds were advanced, and may rationally affect the assessment of those facts; discovery should be ordered as sought by the defendants.

Parties
Plaintiff: Fatah Chandra; Plaintiff: Adje Srikandi; First Defendant: Perpetual Trustees Victoria Ltd ACN 004 027 258; Second Defendant: The Department of Lands; Third Defendant: Richard Stephen Miller
Jurisdiction
Australia
Judgment Date
06 October 2006
Procedural Posture
Civil / Interlocutory (discovery Motions)
Outcome
Orders for discovery made; plaintiffs to pay costs of the motions.
Legal Topics
Discovery, Relevance of Documents, Forgery Allegation
Equity Civil Procedure Discovery Relevance of Documents Forgery Allegation

Case Brief

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Parties

Fatah Chandra

Plaintiff

Adje Srikandi

Plaintiff

Perpetual Trustees Victoria Ltd ACN 004 027 258

First Defendant

The Department of Lands

Second Defendant

Richard Stephen Miller

Third Defendant

Procedural Posture

Civil / Interlocutory (discovery Motions)

Legal Issues

  1. 1 Whether categories of documents sought are relevant to allegations of forgery and loan advancement
  2. 2 Whether documents may corroborate or contradict facts asserted in the allegedly forged document

Ratio Decidendi

The categories of documents sought bear potentially on proving or disproving allegations of forgery and whether funds were advanced, and may rationally affect the assessment of those facts; discovery should be ordered as sought by the defendants.

Court Disposition

Orders for discovery made; plaintiffs to pay costs of the motions.

Orders

  • Order 2 in the first defendant's Notice of Motion granted.
  • Order 5 in the third defendant's Notice of Motion granted.