Petrie v Ingogo Ltd [2020] NSWDC 291

District Court New South Wales

Medium Neutral Citation: Petrie v Ingogo Ltd [2020] NSWDC 291 Hearing dates: 13 May 2020; 18 and 20 May 2020 (submissions on costs) Date of orders: 13 May 2020 Decision date: 10 June 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders made on 13 May 2020 (1) Defendant's notice of motion granted. (2) Note that the defendant agrees to produce the documents sought in categories 2, 3, 4, 11 (noting the parties' agreement as to the documents to be produced, as recorded in the transcript), 12 and 13. (3) The defendant is to give discovery of documents in categories 1 – 5, 6A, 6B, 7 – 10 and 19 – 20. (4) Application for discovery of categories for category 31 is refused. (5) Parties have 7 days to provide written submissions as to why the court should (or should not) order the defendant to pay the plaintiff's costs of this motion. (6) Matter stood over for directions on 21 May 2020 before the Case Managed List, to give the parties an opportunity to prepare Consent Orders including: (a) A timetable for discovery and inspection of documents; (b) Service of experts reports; (c) Any agreements for conclave of experts; and (d) Whether the evidence at trial should proceed by way of affidavit, statement or outlines.

Order made on 10 June 2020 (1) Defendant to pay the plaintiff's costs of the Notice of Motion, including all preparation and hearing costs of both the application determined on 13 May 2020 and the subsequent costs application. Catchwords: PRACTICE AND PROCEDURE – argument concerning categories of discovery – whether costs should follow the event in interlocutory applications or an order for costs to be costs in the cause should be made Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 75 Uniform Civil Procedure Rules 2005 (NSW), rr 21.2, 42.1 and 42.7 Cases Cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Azzi & Ors v Volvo Car Australia Pty Ltd [2006] NSWSC 283 Boscolo v TCN Channel Nine Pty Limited (No 2) (Supreme Court of New South Wales, Young J, 28 April 1994) Brand v Digi-Tech (Australia) Limited (2001) NSWSC 425 British American Tobacco Australia Services v Fairfax & Anor [2006] NSWSC 1328 Donald Campbell and Co Ltd v Pollak [1927] AC 732 Evans v Davantage Group Pty Ltd (No 2) [2020] FCA 473 Freehill Hollingdale & Page v Bandwill Pty Ltd [2000] WASCA 150 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 2) [2007] NSWCA 142 Hospitality Group Pty Ltd v Australian Rugby Union Ltd (2001) 110 FCR 157; [2001] FCA 1040 In the matter of Gutsy Jnr Pty Limited [2015] NSWSC 2046 Joukhador v Network Ten Pty Limited [2020] FCA 746 Latoudis v Casey (1990) 170 CLR 534 Milne v Attorney-General for the State of Tasmania (1956) 95 CLR 460 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Minister For Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Ren v Jiang [2014] NSWCA 1 Ritter v Godfrey [1920] 2 KB 47 Sciacca v Langshaw Valuations Pty Ltd [2012] NSWSC 1450 Sklavos v Australasian College of Dermatologists [2014] FCA 476 Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 4) [2010] FCA 863 The New South Wales Bar Association v Clarence James Stevens [2005] NSWCA 351 Vale v Rosychamp Pty Ltd [2006] NSWSC 1341 Wong v Sklavos [2014] FCAFC 120 Zmudzinski v Cheapa Campa Pty Limited and Camper Travel Pty Limited [2011] NSWSC 997 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales Category: Procedural and other rulings Parties: Plaintiff: Hamish Petrie Defendant: Ingogo Ltd Representation: Counsel: Plaintiff: Mr D Mahendra Defendant: Mr J Knackstredt