HDI-Global SE v Zurich Australian Insurance Limited [2020] NSWSC 1384

Supreme Court New South Wales

Medium Neutral Citation: HDI-Global SE v Zurich Australian Insurance Limited [2020] NSWSC 1384 Hearing dates: 9 October 2020 – On the Papers Decision date: 09 October 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Order that within 21 days of today's date, the first defendant give verified discovery to the plaintiff of the Umbrella Liability Policy issued by it to Origin Energy Limited (and/or Origin Energy LPG Limited) in respect of liabilities ranging between $20,000,000 and $130,000,000 (as to 70%) for the period 30 June 2002 to 30 June 2003 including the Policy Schedule and all endorsements; (2) The costs of the motion filed on 28 August 2020 be costs in the cause. Catchwords: CIVIL PROCEDURE – Discovery – Whether circumstances exceptional under Practice Note SC Eq 11 – Where documents reveal information solely within the knowledge of the party from whom discovery is sought Legislation Cited: Practice Note SC Eq 11 – Disclosure in the Equity Division Cases Cited: Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Leighton International v Hodges; Thiess v Reinforced Earth [2012] NSWSC 458 Naiman Clarke Pty Limited atf Naiman Clarke Trust v Marianna Tuccia [2012] NSWSC 314 Category: Procedural and other rulings Parties: HDI-Global SE (Plaintiff) Zurich Australian Insurance Limited (First Defendant) AIG Europe (Services) Limited (Second Defendant) Representation: Counsel: DA Lloyd SC (Plaintiff) D Williams SC with N Riordan (First Defendant)