In the matter of Atlas C.T.L Pty Ltd [2021] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Atlas C.T.L Pty Ltd [2021] NSWSC 305 Hearing dates: 15 March 2021 Date of orders: 29 March 2021 Decision date: 29 March 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the first plaintiff is to give discovery to the third and fourth defendants of documents within the categories set out in Annexure A; order that the fifth defendant is to give discovery to the third and fourth defendants of documents within the categories set out in Annexure B; order that the parties attend a mediation to take place on or before 11 June 2021; order that the parties' costs of the notice of motion be the parties' costs in the cause. Catchwords: CIVIL PROCEDURE — Discovery — whether the categories of documents sought are relevant to facts in issue Legislation Cited: Personal Property Securities Act 2009 (Cth), ss 34, 297, 298 Uniform Civil Procedure Rules 2005 (NSW), rr 21.1 21.2 Cases Cited: Commonwealth Bank of Australia v Kojic (2016) 249 FCR 421 Elanor Operations Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 840 Category: Procedural rulings Parties: Volkswagen Financial Services Australia Pty Ltd (ACN 097 071 460) (First Plaintiff) Ken Whittingham in his Capacity as Receiver and Manager of Atlas C.T.L Pty Ltd (In Liquidation) (Receivers and Managers Appointed) (ACN 158 167 492) (Second Plaintiff) Atlas C.T.L Pty Ltd (In liquidation) (Receivers and Managers Appointed) (ACN 007 398 763) (First Defendant) P J M Fleet Management Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (CAN 007 398 763) (Second Defendant) Nissan Financial Services Australia Pty Ltd (ACN 130 046 794) (Third Defendant) Andrew Stewart Reed Hewitt and Matthew James Byrnes in their Capacities as Receivers and Managers of Atlas C.T.L Pty Ltd (In Liquidation) (Receivers and Managers Appointed) (ACN 158 167 492) (Fourth Defendant) BMW Australia Finance Limited (ACN 007 101 715) (Fifth Defendant) Bruno Secatore and Sam Kaso in their Capacities as Receivers and Managers of P J M Fleet Management Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (ACN 007 398 763) (Sixth Defendant) Representation: Counsel: Mr S. Keizer (First and Second Plaintiffs) Mr H. Austin QC (Third and Fourth Defendants) Mr N. Mirzai (Fifth and Sixth Defendants)