Twigg v Pitcher Partners Holdings Pty Ltd (No 5) [2024] NSWSC 1295

Supreme Court New South Wales

Medium Neutral Citation: Twigg v Pitcher Partners Holdings Pty Ltd (No 5) [2024] NSWSC 1295 Hearing dates: On the papers Date of orders: 11 October 2024 Decision date: 15 October 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Further disclosure to be made Catchwords: CIVIL PROCEDURE – disclosure of documents – where disclosure of documents already given – where party to whom disclosure made contends further disclosure is required – appropriate procedure to adopt in that event – general rule that application should be made by notice of motion for further disclosure – general rule that further disclosure should not be sought by service of notice to produce Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: G H Varley Pty Ltd v GCG Distribution Pty Ltd [2022] NSWSC 514 Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 Twigg v Pitcher Partners Holdings Pty Ltd (No 4) [2023] NSWSC 109 Texts Cited: Practice Note SC Eq 11 Category: Procedural rulings Parties: Diane Twigg (First Plaintiff/Respondent) Twigg Plant Hire Pty Ltd atf The Twigg Family Trust (Second Plaintiff/Respondent) Ipswich Landfill Pty Ltd atf the Ipswich Landfill Trust (Third Plaintiff/Respondent) Brooklyn Landfill & Waste Management Pty Ltd atf the Brooklyn Landfill Trust (Fourth Plaintiff/Respondent) Pitcher Partners Holdings Pty Ltd (First Defendant/Applicant) Pitcher Partners Investment Services Pty Ltd (Second Defendant/Applicant) Pitcher Partners Advisors Proprietary Limited (Third Defendant/Applicant) Maxwell James Twigg (Fourth Defendant) Twigg Co Pty Ltd (Fifth Defendant) Representation: Counsel: D K Smith (Plaintiffs/Respondents) N D Riordan (First, Second and Third Defendants/Applicants)