Building Corp Australia Pty Ltd v A & B Australian Investment Pty Ltd [2024] NSWDC 260

District Court New South Wales

Medium Neutral Citation: Building Corp Australia Pty Ltd v A & B Australian Investment Pty Ltd [2024] NSWDC 260 Hearing dates: 28 June 2024 Date of orders: 5 July 2024 Decision date: 05 July 2024 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the Notice of Motion filed by the defendant on 30 April 2024. (2) Order the plaintiff to pay the defendant's costs of and incidental to that Notice of Motion. (3) Dismiss the Notice of Motion filed by the defendant on 13 June 2024. (4) Order the defendant to pay the plaintiff's costs of and incidental to that Notice of Motion. Catchwords: CIVIL PROCEDURE – application to set aside all or parts of subpoenas – whether categories and dates are too broad – apparent relevance to issue in dispute – legitimate forensic purpose – reasonable basis beyond speculation that it will be likely to assist – capable of providing a basis for cross examination – documents can go to credit of a witness Legislation Cited: Civil Procedure Act 2005 (NSW), s 68(a) Uniform Civil Procedure Rules 2005 (NSW), r 33.4(1) Category: Procedural rulings Parties: Building Corp Australia Pty Ltd (Plaintiff) A & B Australian Investment Pty Ltd (Defendant) Representation: Counsel: E Vuu (Plaintiff) D Elliott (Defendant)

Solicitors: McGirr & Associates (Plaintiff) Pikes & Verekers (Defendant) File Number(s): 2023/71655