Millennium Charters Pty Limited v Macarthur Jet Charter Pty Limited [2020] NSWDC 263

District Court New South Wales

Medium Neutral Citation: Millennium Charters Pty Limited v Macarthur Jet Charter Pty Limited [2020] NSWDC 263 Hearing dates: On the papers Date of orders: 07 May 2020 Decision date: 07 May 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Pursuant to UCP Rule 34.2(1), I relieve the plaintiff from producing documents answering paragraphs 5, 6 and 7 of the Notice to Produce issued by the defendants on 19 February 2020. (2) I direct the plaintiff to provide full particulars of its damages, including the method of calculation used to derive the figures $538,005, $3,462.50 and $150,000 particularised in the Statement of Claim, within seven days. (3) I direct the plaintiff to serve within seven days any expert report in its possession upon which it intends to rely to establish its damages or the quantification of its loss. (4) I confirm the obligation on the plaintiff under UCP Rule 34.1 to produce documents answering paragraphs 2, 3, 4 and 8 of the Notice to Produce. (5) I otherwise dismiss the notice of motion filed 2 March 2020. (6) I order the defendants' costs of the motion to be costs in the proceedings. (7) Note the matter is listed for a status conference on 23 June 2020. Catchwords: CIVIL PROCEDURE — Notices to produce — Before hearing — Relevant to a fact in issue – Identification of documents with particularity - Costs Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 21.10, r 34.1, r 34.2 Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2018] NSWSC 1465 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Category: Procedural and other rulings Parties: Millennium Charters Pty Limited (plaintiff) Macarthur Jet Charter Pty Limited (first defendant) Falcon 50 Pty Limited (second defendant) Dr Sandra Joy McRae (also known as Dr Sandra Cabot) (third defendant) Representation: Counsel: Ms L Hulmes (plaintiff) Mr D Parish (defendants)