Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers (No. 3) [2023] NSWSC 730

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers (No. 3) [2023] NSWSC 730 Hearing dates: 25 May 2023 Date of orders: 29 June 2023 Decision date: 29 June 2023 Jurisdiction: Equity Before: Slattery J Decision: Orders made for further and better discovery. Cost order in favour of the plaintiff foreshadowed, subject to liberty to apply to seek a different cost order. Catchwords: PRACTICE AND PROCEDURE – Discovery – further and better discovery – whether discovery given was inadequate – whether reasonable search undertaken – whether defendant is in possession of relevant documents – whether the conclusiveness of the affidavit as to discovery can be challenged Legislation Cited: Civil Procedure Act 2005, ss 14, 26(1) Cases Cited: Con Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 1200 Fruehauf Finance Corporation Pty Ltd v Zurich Australian Insurance Ltd (1990) 20 NSWLR 359 IO Group Inc v Prestige Club Australasia Pty Ltd [2008] FCA 1147 Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers [2021] NSWSC 1303 Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers (No. 2) [2022] NSWSC 133 Mulley v Manifold (1959) 103 CLR 341 Preston v Star City Pty Limited [2007] NSWSC 293 Proctor & Gamble Australia Pty Ltd v Medical Research Pty Ltd [2001] NSWSC 183 Category: Procedural rulings Parties: Plaintiff: Gregory William Francis Lewis Defendant: Juan Martinez as representative of the partners t/as HWL Ebsworth Lawyers Representation: Counsel: Plaintiff: F.M. Douglas QC, J.K. Carter, J.B. Douglas Defendant: P. Braham SC, B Hancock