In the matters of Micron Manufacturing Pty Ltd and Micron Group Pty Ltd [2017] NSWSC 289

In the matters of Micron Manufacturing Pty Ltd and Micron Group Pty Ltd [2017] NSWSC 289

Exceptional circumstances were established given plaintiff's exclusion from company and necessity of documents for expert valuation. Disclosure for specified financial categories ordered. Complete access to MYOB system not warranted at this stage; further requests to be made as needed by experts.

Jurisdiction
Australia
Judgment Date
17 March 2017
Procedural Posture
Oppression Suit, Interlocutory Application for Disclosure / Interlocutory Orders, Stage Prior to Final Hearing; Lay Evidence Substantially Complete; Expert Evidence to Be Served
Outcome
Application for disclosure granted in part; interlocutory orders made.
Legal Topics
['oppression Remedy' 'disclosure' 'expert Evidence' 'costs']
['corporations Law' 'civil Procedure'] ['oppression Remedy' 'disclosure' 'expert Evidence' 'costs']

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Procedural Posture

Oppression Suit, Interlocutory Application for Disclosure / Interlocutory Orders, Stage Prior to Final Hearing; Lay Evidence Substantially Complete; Expert Evidence to Be Served

Legal Issues

  1. 1 ["Whether 'exceptional circumstances' exist justifying disclosure prior to service of all evidence under Practice Note SC Eq 11 and UCPR r 21.2" "Whether requested documents are necessary for party's expert valuation report" 'Whether restrictions should be imposed due to confidentiality claims']

Ratio Decidendi

Exceptional circumstances were established given plaintiff's exclusion from company and necessity of documents for expert valuation. Disclosure for specified financial categories ordered. Complete access to MYOB system not warranted at this stage; further requests to be made as needed by experts.

Court Disposition

Application for disclosure granted in part; interlocutory orders made.

Orders

  • ["Third and fourth defendants to give discovery to Harris Freidman (plaintiff's solicitors) by supplying copies (hard or digital) of documents in categories 17, 18 and 19 as specified, by 31 March 2017 or within three business days of the document coming into existence." 'Defendants to file and serve any other lay...