Apollo Kitchens (NSW) Pty Limited v Goway Travel Pty Limited (No. 2) [2020] NSWSC 1157

Supreme Court New South Wales

Medium Neutral Citation: Apollo Kitchens (NSW) Pty Limited v Goway Travel Pty Limited (No. 2) [2020] NSWSC 1157 Hearing dates: 20 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Common Law Before: Johnson J Decision: 1. Apollo Kitchens (NSW) Pty Limited is to pay two-thirds of Goway Travel Pty Limited's costs thrown away by reason of the vacation of the hearing on 30 June 2020 with those costs to be assessed on the ordinary basis.

2. The parties should furnish to Johnson J's Associate by email on or before 18 September 2020 Short Minutes to give effect to the orders for discovery to be given by Apollo Kitchens (NSW) Pty Limited and Goway Travel Pty Limited as provided for in this judgment.

3. The Short Minutes should provide for Goway Travel Pty Limited to pay Apollo Kitchens (NSW) Pty Limited's costs of the Notice of Motion for discovery filed 14 July 2020. Catchwords: COSTS - final hearing vacated and adjourned – application by defendant for costs thrown away by reason of adjournment – legal principles regarding costs – both parties' conduct contributed to the vacation and adjournment but plaintiff's omissions were the principal cause – plaintiff ordered to pay two thirds of defendant's costs thrown away by the vacation of the hearing date on the ordinary basis

DISCOVERY – scope of discovery sought by plaintiff – legal principles regarding discovery – facts in issue involve terms of agreements between plaintiff and defendant, scope of authority of person responsible for entering into those agreements and performance of agreements as well as ratification – issues regarding discovery categories include relevant persons, period of time of discovery and search terms – whether plaintiff's proposed categories of discovery constitute a fishing expedition or are oppressive or constitute a "chain of inquiry" discovery – defendant ordered to give discovery as sought by plaintiff Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Apollo Kitchens (NSW) Pty Limited v Goway Travel Pty Limited [2020] NSWSC 852 Commonwealth Bank of Australia v Daleport Pty Limited (In Receivership) (No. 3) [2017] NSWSC 1584 Commonwealth Bank of Australia v Goater [2016] NSWSC 710 DHR International, Inc v Challis (No. 2) [2015] NSWSC 1964 Elanor Operations Pty Ltd v Chief Commissioner of State Revenue (NSW) [2020] NSWSC 840 Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326 Leichhardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 Percy v General Motors-Holden's Pty Limited [1975] 1 NSWLR 289 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 White Constructions (ACT) Pty Limited (In Liquidation) v White and Ors [2004] NSWSC 303 Zhu v Yingle Cultural Exchange (Australia) Pty Ltd (In Liq) [2010] NSWSC 107 Texts Cited: --- Category: Procedural and other rulings Parties: Apollo Kitchens (NSW) Pty Limited (Plaintiff) Goway Travel Pty Limited (Defendant) Representation: Counsel: Mr D Talintyre; Mr M Cobb-Clark (Plaintiff) Mr AE Maroya; Ms SA Scott (Defendant)