Fuji Xerox Australia Pty Ltd v Patel [2021] NSWDC 527

District Court New South Wales

Medium Neutral Citation: Fuji Xerox Australia Pty Ltd v Patel [2021] NSWDC 527 Hearing dates: 05 August 2021 Date of orders: 05 October 2021 Decision date: 05 October 2021 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) The plaintiff is to provide verified discovery of the documents specified in the amended categories of documents referred to in the schedule to the second defendant's written submissions within 28 days of the date of this order. (2) The plaintiff is to provide the discovered documents for inspection in accordance with the UCPR within a further 21 days (49 days from the date of this order). (3) The plaintiff is to produce for inspection by the second defendant the documents referred to in paragraphs 2 and 3 of the Notice to Produce dated 15 June 2020, within 14 days from the date of this order. (4) The plaintiff's Notice of Motion filed on 23 November 2020 is dismissed. (5) The plaintiff is to pay the second defendant's costs of the plaintiff's Notice of Motion filed on 23 November 2020 and the second defendant's Notice of Motion filed 23 November 2020 on the ordinary basis, as agreed or assessed. (6) In the event that any party wants to apply for a different costs order, I grant leave to the parties to approach my Associate within 14 days to list that application for argument. Catchwords: CIVIL PROCEDURE — Notices to produce — Before hearing CIVIL PROCEDURE — Discovery — Grounds for resisting Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Co (1882) 52 LJQB 181 Con Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 1200 Cosco Holdings Pty Ltd v Cmr of Taxation (1997) 37 ATR 432 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326 Harman v Home Department State Secretary [1983] 1 AC 280; [1982] 2 WLR 338 Hunter New England Local Health District v Munters Pty Limited [2018] NSWSC 788 Hutchinson v Glover (1875) 1 QBD 138 In the matter of Felan's Fisheries Pty Ltd [2017] NSWSC 1262 Mulley v Manifold (1959) 103 CLR 341 Palavi v Radio 2UE Sydney Pty Limited [2011] NSWCA 264 Schlam v WA Trustee Executor & Agency Co Ltd [1964] WAR 178 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306 Category: Principal judgment Parties: Fuji Xerox Australia Pty Ltd (Plaintiff/Cross Defendant) Ketav Patel (Second Defendant/Cross Claimant) Representation: Counsel: M Cowden (Plaintiff/Cross Defendant) T Rogan (Second Defendant/Cross Claimant)