Millinium Capital Managers Ltd v Soma Group Ltd (No.3) [2020] NSWSC 966

Millinium Capital Managers Ltd v Soma Group Ltd (No.3) [2020] NSWSC 966

Even assuming the documents related to matters within Soma's knowledge and might bear on critical issues, Millinium did not show exceptional circumstances requiring disclosure at this stage, particularly as it did not need the documents to prepare and serve its evidence and any relevant documents were likely to be deployed by Soma or produced in the usual course after evidence.

Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Equity Commercial List; Procedural and Other Ruling / Notice of Motion for Disclosure in Advance of Service of Evidence, Heard on the Papers
Outcome
Notice of motion of 1 July 2020 dismissed with costs.
Legal Topics
['discovery' 'disclosure Before Service of Evidence' 'practice Note SC Eq 11' 'exceptional Circumstances']
['civil Procedure'] ['discovery' 'disclosure Before Service of Evidence' 'practice Note SC Eq 11' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Equity Commercial List; Procedural and Other Ruling / Notice of Motion for Disclosure in Advance of Service of Evidence, Heard on the Papers

Legal Issues

  1. 1 ['Whether exceptional circumstances existed under Practice Note SC Eq 11 to justify disclosure of seven categories of documents before the plaintiff had served its evidence.']

Ratio Decidendi

Even assuming the documents related to matters within Soma's knowledge and might bear on critical issues, Millinium did not show exceptional circumstances requiring disclosure at this stage, particularly as it did not need the documents to prepare and serve its evidence and any relevant documents were likely to be deployed by Soma or produced in the usual course after evidence.

Court Disposition

Notice of motion of 1 July 2020 dismissed with costs.

Orders

  • ["The plaintiff's notice of motion of 1 July 2020 is dismissed with costs." 'The matter will be listed for further directions on 31 July 2020.' 'In the meantime, the parties should confer and agree on a timetable for the future conduct of the proceedings.']