David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Limited (No 2) [2025] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Limited (No 2) [2025] NSWSC 7 Hearing dates: 23 August 2024; written submissions dated 20 September 2024, 8 October 2024 and 18 October 2024 Date of orders: 28 January 2025 Decision date: 28 January 2025 Jurisdiction: Equity - Commercial List Before: McGrath J Decision: (1) The plaintiffs' notice to produce dated 24 June 2024 be set aside. (2) The plaintiffs pay the defendants' costs of the notice of motion filed 23 July 2024. (3) The plaintiffs must file and serve their lay and expert evidence in reply in the proceedings within 10 weeks of the date of these orders. Catchwords: CIVIL PROCEDURE — notice of motion seeking to set aside notice to produce issued by the plaintiffs — Uniform Civil Procedure Rules 2005 (NSW) rr 21.9 and 21.10 — extensive and expensive discovery already provided by defendants — documents sought not relevant to fact in dispute in pleaded case — documents being sought in attempt to lead expert evidence not properly in reply — relevance of overriding purpose and other considerations in ss 56, 57 and 58 of the Civil Procedure Act 2005 (NSW) — repeated non-compliance by plaintiffs with case management and timetabling orders and directions leading to procedural delays — where production in compliance with notice would involve substantial burden in terms of time, effort and expense — injustice to defendants — HELD — notice to produce set aside Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58 Uniform Civil Procedure Rules 2005 (NSW) rr 21.9, 21.10 Cases Cited: Azzi v Volvo [2006] NSWSC 283 David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Ltd (2023) 114 NSWLR 81; [2024] NSWCA 83 Foord v Brock [2005] NSWCA 156 Health Administration Corporation v Toll Global Forwarding Pty Ltd [2024] NSWSC 285 Lawrence v Sammut [2022] NSWSC 344 Lendlease Corporation Limited v David William Pallas and Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund [2024] HCASL 191 Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2018] NSWSC 1465 Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Roe d Trimlestown v Kemmis (1843) 9 Cl & Fin 749 Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 4) [2019] QSC 199 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund (First Plaintiff/Respondent) Martin John Fletcher (Second Plaintiff/Respondent) Lendlease Corporation Limited (First Defendant/ Applicant) Lendlease Responsible Entity Ltd as responsible entity for Lendlease Trust (Second Defendant/ Applicant) Representation: Counsel: A Edwards (First and Second Plaintiffs/Respondents) S Mirzabegian SC and D Habashy (First and Second Defendants/Applicants)