Cullington v Lee [1999] NSWSC 273

Cullington v Lee [1999] NSWSC 273

An order will be made requiring the plaintiff to take all reasonable steps to procure the solicitor's documents concerning the purchase of the Paultons Square property, as these documents are central to resolving the dispute over the source of funds and possible economic duress. Requests for broad KPMG documentation or for discovery beyond what is necessary are denied as overly broad and unnecessary.

Parties
Plaintiff: Paul Cullington; Defendant: Kin Wai Lee
Jurisdiction
Australia
Judgment Date
31 March 1999
Procedural Posture
Notice of Motion in Equity Property Dispute / Determination of Defendant's Notice of Motion Seeking Orders Under S 76 a Supreme Court Act
Outcome
Application successful in part; orders made requiring plaintiff to seek and list relevant solicitor's documents, remainder of application dismissed or stood over.
Legal Topics
Discovery of Documents, Directions for Speedy Determination, Property Disputes Post Relationship, Economic Duress
Equity Civil Procedure Discovery of Documents Directions for Speedy Determination Property Disputes Post Relationship Economic Duress

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Parties

Paul Cullington

Plaintiff

Kin Wai Lee

Defendant

Procedural Posture

Notice of Motion in Equity Property Dispute / Determination of Defendant's Notice of Motion Seeking Orders Under S 76 a Supreme Court Act

Legal Issues

  1. 1 Whether the plaintiff should be compelled to use best endeavours to procure documents held overseas by third parties, particularly solicitor's documents, for the purpose of resolving a property dispute and an alleged compromise under economic duress.

Ratio Decidendi

An order will be made requiring the plaintiff to take all reasonable steps to procure the solicitor's documents concerning the purchase of the Paultons Square property, as these documents are central to resolving the dispute over the source of funds and possible economic duress. Requests for broad KPMG documentation or for discovery beyond what is necessary are denied as overly broad and unnecessary.

Court Disposition

Application successful in part; orders made requiring plaintiff to seek and list relevant solicitor's documents, remainder of application dismissed or stood over.

Orders

  • The plaintiff take all reasonable steps to procure the documents referred to in paragraph 5 of the Schedule attached to the Amended Notice of Motion filed 17 March 1999.
  • The plaintiff on or before 15 May 1999 file and serve upon the defendant a supplementary list of the documents obtained by reason of their compliance with order 1 above if any such documents are obtained.