Label Manufacturers Australia Pty Ltd v Chatzopoulos & Ors [2023] NSWSC 646

Supreme Court New South Wales

Medium Neutral Citation: Label Manufacturers Australia Pty Ltd v Chatzopoulos & Ors [2023] NSWSC 646 Hearing dates: 09 June 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) By 7 July 2023 the defendants are to serve on the plaintiff in accordance with Uniform Civil Procedure Rules 2005 r 21.3, a verified list of documents and things which or have been in any of the defendants' possession, custody or control responding to categories of documents at Annexure "A" to these orders (which are the categories contained in the Summons but for (a)(ii) and b(ii) and (viii)). (2) The defendants are to make the documents and things in the verified list referred to in order 1 available for inspection by 21 July 2023. (3) The defendants are to pay the plaintiff's costs of the Summons dated 10 October 2022, as agreed or assessed. (4) The plaintiff is to pay the defendants' costs of compliance with order 1, as agreed or assessed. (5) In the event that the plaintiff commences substantive proceedings against one or more defendants, costs paid in accordance with order (4) above are to be dealt with as an expense incurred by the plaintiff in its pursuit of the substantive proceedings. (6) Liberty to apply on 3 days notice. Catchwords: CIVIL PROCEDURE – application for preliminary discovery – UCPR r 5.3 – whether the plaintiff has identified that it may be entitled to a claim for relief – orders for preliminary discovery made Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Andrews Advertising Pty Limited v Andrews [2011] NSWSC 244 Hatfield v TCN Channel 9 Pty Ltd (2010) 77 NSWLR 506; [2010] NSWCA 69 O'Connor v O'Connor [2018] NSWCA 214 Pfizer Island Pharmaceuticals v Samsung Bioepis AU Pty Ltd (2017) 351 ALR 103; [2017] FCAFC 193 Port of Melbourne Authority v Anshun Pty Ltd (1981) 148 CLR 589; [1981] HCA 45 Category: Procedural rulings Parties: Label Manufacturers Australia Pty Ltd (Plaintiff) Jim Chatzopoulos (First Defendant) Reflex Labels & Packaging Asia Pacific Pty Ltd (Second Defendant) Reflex Group Asia Pacific Pty Ltd (Third Defendant) Representation: Counsel: J Glissan SC and A Guy (Plaintiff) C P O'Neill (First Defendant) J R Anderson (Second & Third Defendants)