Moon v AA Holdings Pty Ltd [2020] NSWSC 1192

Moon v AA Holdings Pty Ltd [2020] NSWSC 1192

The Registrar's order of 27 April 2020 was not a Sabre order because it did not require the defendant to make enquiries of third parties nor did it relate to procuring documents; the defendant complied sufficiently by providing its reasonable opinion and information available; as there was no failure to comply nor unreasonable conduct, the plaintiff's notice of motion and request for costs orders (including indemnity costs) are dismissed.

Parties
Plaintiff: Glenn Moon; Defendant: AA Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Interlocutory Application in Ongoing Civil Proceedings / Ruling on Amended Notice of Motion
Outcome
Plaintiff's amended notice of motion dismissed; plaintiff to pay defendant's costs of the amended notice of motion.
Legal Topics
Interlocutory Orders, Provision of Information, Sabre Orders, Costs, Indemnity Costs
Civil Procedure Interlocutory Orders Provision of Information Sabre Orders Costs Indemnity Costs

Case Brief

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Parties

Glenn Moon

Plaintiff

AA Holdings Pty Ltd

Defendant

Procedural Posture

Interlocutory Application in Ongoing Civil Proceedings / Ruling on Amended Notice of Motion

Legal Issues

  1. 1 Whether the Registrar's order of 27 April 2020 was a Sabre order requiring the defendant to make enquiries of third parties
  2. 2 Whether the defendant complied with the Registrar's order to provide information about the party responsible for the chair
  3. 3 Whether further orders for enquiries and provision of information should be made

Ratio Decidendi

The Registrar's order of 27 April 2020 was not a Sabre order because it did not require the defendant to make enquiries of third parties nor did it relate to procuring documents; the defendant complied sufficiently by providing its reasonable opinion and information available; as there was no failure to comply nor unreasonable conduct, the plaintiff's notice of motion and request for costs orders (including indemnity costs) are dismissed.

Court Disposition

Plaintiff's amended notice of motion dismissed; plaintiff to pay defendant's costs of the amended notice of motion.

Orders

  • The plaintiff's amended notice of motion filed on 14 August 2020 is dismissed.
  • The plaintiff is to pay the defendant's costs of the amended notice of motion.