Tal v EQ Media Productions Pty Ltd [2022] NSWDC 430

District Court New South Wales

Medium Neutral Citation: Tal v EQ Media Productions Pty Ltd [2022] NSWDC 430 Hearing dates: 23 September 2022 (On the papers) Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The summons filed by the applicant on 17 August 2022 is dismissed; 2. Pursuant to s 98 of the Civil Procedure Act 2005, the applicant's costs of and incidental to the summons are to be paid by the respondent forthwith in the specified gross discounted amount assessed at $13,600; 3. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: PRACTICE & PROCEDURE – dismissal of summons seeking preliminary discovery pursuant to UCPR r 5.3 – orders seeking primary relief became unnecessary due to capitulation by respondent; COSTS – respondent to pay applicant's costs of and incidental to the summons assessed on a specified gross sum basis to be paid forthwith Legislation Cited: Civil Procedure Act 2005 (NSW), s 58(2), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 5.3, r 42.1 Cases Cited: Gray v Richards (No 2) [2014] HCA 37 House v The King (1936) 55 CLR 499; [1936] HCA 40 McNamara v San [2010] NSWSC 809 Northern Territory v Sangare [2019] HCA 25 Re the Minister for Immigration and Ethic Affairs of the Cwth of Australia; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 9 Category: Procedural rulings Parties: Erez Tal (Applicant) EQ Media Production Pty Ltd (Respondent) Representation: Counsel: Ms S Chrysanthou SC with Mr G Radburn (Applicant) Mr MJ Lewis (Respondent)