SHORT & ANOR. V CRAWLEY & ORS [2000] NSWSC 1059

SHORT & ANOR. V CRAWLEY & ORS [2000] NSWSC 1059

Plaintiffs must provide particulars of claimed losses as directed, and pay defendants' costs thrown away by improper return of discovery documents; solicitor supervision costs for further inspection to be borne by plaintiffs. Costs not awarded on indemnity basis. Plaintiffs granted leave to amend Statement of Claim and must file appropriate affidavits.

Parties
Plaintiff: Warwick Short; Plaintiff: Nabutu Pty. Limited; Defendant: Christopher Crawley; Defendant: Marisco Holdings Pty. Ltd.; Defendant: J & J O'Brien Holdings Pty. Ltd.; Defendant: Vensel Pty. Limited; Defendant: Trudale Pty. Limited; Defendant: Judith Kiralyhidi Crawley
Jurisdiction
Australia
Judgment Date
15 November 2000
Procedural Posture
Oppression Proceedings / Interlocutory Orders on Particulars and Costs
Outcome
Interlocutory orders granted. Plaintiffs ordered to pay costs thrown away and provide particulars. Leave given to amend Statement of Claim.
Legal Topics
Oppression Remedy, Discovery Costs, Particulars of Claim
Corporate Law Equity Civil Procedure Oppression Remedy Discovery Costs Particulars of Claim

Case Brief

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Parties

Warwick Short

Plaintiff

Nabutu Pty. Limited

Plaintiff

Christopher Crawley

Defendant

Marisco Holdings Pty. Ltd.

Defendant

J & J O'Brien Holdings Pty. Ltd.

Defendant

Vensel Pty. Limited

Defendant

Trudale Pty. Limited

Defendant

Judith Kiralyhidi Crawley

Defendant

Procedural Posture

Oppression Proceedings / Interlocutory Orders on Particulars and Costs

Legal Issues

  1. 1 Whether plaintiffs should provide further particulars of losses alleged in Statement of Claim
  2. 2 Whether plaintiffs should pay defendants' costs thrown away due to improper return of discovered documents
  3. 3 Whether plaintiffs are entitled to inspect files before restoration, and liability for solicitor supervision costs

Ratio Decidendi

Plaintiffs must provide particulars of claimed losses as directed, and pay defendants' costs thrown away by improper return of discovery documents; solicitor supervision costs for further inspection to be borne by plaintiffs. Costs not awarded on indemnity basis. Plaintiffs granted leave to amend Statement of Claim and must file appropriate affidavits.

Court Disposition

Interlocutory orders granted. Plaintiffs ordered to pay costs thrown away and provide particulars. Leave given to amend Statement of Claim.

Orders

  • Plaintiffs to provide particulars for paragraphs 66, 71, 75, 79, 83, 87, 91 and 97 of Statement of Claim within 28 days.
  • Plaintiffs granted leave to amend Statement of Claim and file resulting amendments within 28 days.