FIIG Securities Limited v Pioneer Credit Limited (No 1) [2023] NSWDC 648

District Court New South Wales

Medium Neutral Citation: FIIG Securities Limited v Pioneer Credit Limited (No 1) [2023] NSWDC 648 Hearing dates: 28 June 2023 Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Civil Before: Neilson DCJ Decision: The motion is dismissed. I order the plaintiff to pay the defendant's costs of the motion. Catchwords: Practice and Procedure – Discovery – Plaintiff seeking further discovery – No reasonable grounds for Court to believe that all relevant documents had not been discovered. Legislation Cited: Nil. Cases Cited: Global Investments Limited v Babcock & Brown Global Investments Management Pty Limited [2017] NSWSC 729, [73] – [77]. Hancock v Rinehart [2014] NSWSC 658, [9]. Texts Cited: Nil. Category: Procedural rulings Parties: Plaintiff – FIIG Securities Limited Defendant – Pioneer Credit Limited Representation: Counsel: Plaintiff – Wherrett, J. Defendant – Rogan, T. Solicitors: Plaintiff – Gadens. Defendant – Bennett Law. File Number(s): 2022/00040998 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Currently before me is a motion, notice of which was filed on 12 May 2023. The substance of the order sought by the plaintiff in the Notice of Motion is this: "Pursuant to Rule 21.2 of the Uniform Civil Procedure Rules 2005 (NSW), the Defendant give [sic] further and better discovery with respect to Category 6 of the discovery sought by the Plaintiff (Category 6 being one of the categories of discovery agreed to by the Defendant on 8 November 2022) by 9 May 2023." 1. The plaintiff, FIIG Securities Limited, I shall refer to as "FIIG". The defendant, Pioneer Credit Limited, I shall refer to as "Pioneer".