Kimberley Securities v Byrne [2008] NSWSC 1214

Kimberley Securities v Byrne [2008] NSWSC 1214

Rule 5.4 on its face authorises third party discovery in respect of existing proceedings; there is no basis to limit its operation to preliminary discovery only.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Application for Discovery / Interlocutory
Outcome
Application granted. Orders for third party discovery made against Byrne Lewis Constructions Pty Ltd.
Legal Topics
['discovery' 'third Party Discovery' 'uniform Civil Procedure Rules R 5.4']
['civil Procedure'] ['discovery' 'third Party Discovery' 'uniform Civil Procedure Rules R 5.4']

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Procedural Posture

Application for Discovery / Interlocutory

Legal Issues

  1. 1 ['Whether the Court has power under UCPR r 5.4 to order discovery against a non-party in existing proceedings']

Ratio Decidendi

Rule 5.4 on its face authorises third party discovery in respect of existing proceedings; there is no basis to limit its operation to preliminary discovery only.

Court Disposition

Application granted. Orders for third party discovery made against Byrne Lewis Constructions Pty Ltd.

Orders

  • ["Byrne Lewis Constructions Pty Ltd to serve upon the plaintiff by 30 January 2009 a verified list of documents in respect of the categories set out in the plaintiff's notice of motion filed on 27 October 2008." 'Order in terms of paragraph 5 of the notice of motion substituting 30 January 2009 for 11 November...