NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Dib Group Pty Limited v WISDA Group Australia Pty Ltd [2022] NSWDC 267 Hearing dates: 14 July 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Civil Before: Abadee DCJ (as List Judge) Decision: See paragraph 79 Catchwords: CIVIL PROCEDURE – supply of fuel products under credit arrangement – defence puts in issue (among other things) shortfalls in supply of fuel, alleged contamination in some fuel and overcharging – hearing date imminent – application to vacate based on late discovery application – extent of permissible discovery – whether fishing expedition – consequential orders Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60, 61(3) Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 18, 21 Cases Cited: 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 HP Mercantile Pty Ltd v Clements [2013] NSWSC 1974 Procter v Kalivis [2009] FCA 795 Trade Practices Commission v CC(NSW) Pty Ltd (1995) 58 FCR 426 Category: Principal judgment Parties: WISDA Group Australia Pty Ltd (applicant) Dib Group Pty Limited (respondent) Representation: Counsel: Mr Elliot for the applicant Mr Robinson for the respondent
Solicitors: Rock Lawyers for the applicant Cambridge Law for the respondent File Number(s): 2020/00185998 Publication restriction: Nil
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