Australia Eastern Railroad Pty Ltd v Macquarie Specialised Asset Management Ltd [2020] NSWSC 723

Supreme Court New South Wales

Medium Neutral Citation: Australia Eastern Railroad Pty Ltd v Macquarie Specialised Asset Management Ltd [2020] NSWSC 723 Hearing dates: 1 June 2020 Decision date: 11 June 2020 Jurisdiction: Equity Before: Robb J Decision: See par [153] to [155] Catchwords: CIVIL PROCEDURE — Preliminary discovery —Reasonable inquiries — where the party seeking preliminary discovery is offered the inspection of a limited class of documents — where that party is entitled to make its own judgment about the risks of that offer — where it was not unreasonable to decline that offer for inspection — where, in principle, the party is entitled to an order for preliminary discovery Legislation Cited: Corporations Act 2001 (Cth) Legal Profession Uniform Conduct (Barristers) Rules 2015 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (1995) 58 FCR 26 Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473; [1999] NSWCA 323 Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506; [2010] NSWCA 69 Category: Procedural and other rulings Parties: Australian Eastern Railroad Pty Ltd (plaintiff) Macquarie Specialised Asset Management Ltd as trustee for the MAIF Investment Trust (first defendant) Macquarie Australian Infrastructure Management Ltd as trustee for the Macquarie Australian Infrastructure Trust 1 (second defendant) Macquarie Australian Infrastructure Management 1 Limited as trustee for the Scissor Holdings Trust (third defendant) Macquarie Australian Infrastructure Management 1 Ltd as trustee for the PGGM Ibis LP Trust (fourth defendant) Scissor Holdings Pty Ltd (fifth defendant) Macquarie Corporation Holdings Pty Ltd (sixth defendant) Representation: Counsel: R McHugh SC / D Sulan (plaintiff) P Brereton SC / C Bannan (defendants)