Good v Neubacher [2003] NSWSC 518

New South Wales Supreme Court

CITATION : Good v Neubacher [2003] NSWSC 518 HEARING DATE(S) : 13/06/03 JUDGMENT DATE : 17 June 2003

JUDGMENT OF : Gzell J DECISION : Order for particulars refused. Order for discovery granted.

CATCHWORDS : PRODCEDURE - Miscellaneous Procedural Matters - Pleadings - Particulars - Joint tenancy of property of husband and wife - Husband alleged to have killed his wife and then killed himself - Murder alleged to have augmented estate of husband to the extent of a half interest in the property - Pleading alleged augmentation due to unconscionable conduct and unjust enrichment - Psychiatrist retained by defence sought access to psychiatric notes with respect to the victim - Particulars refused by Registrar - Review under Pt61 r3 - Whether particulars of the identity of psychiatrists and psychologists the victim consulted should be ordered - notice of motion amended to seek discovery of documents indicating psychiatrists and pschologists consulted by victim - Whether a fishing expedition. LEGISLATION CITED : Supreme Court Rules 1970 Forfeiture Act 1995 In the Will of Sheppard [1972] 2 NSWLR 714 CASES CITED : Builders' Licensing Board v Inglis [1985] 1 NSWLR 592 Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 Alister v R (1983-1984) 154 CLR 404 PARTIES : Kim Lenore Good in her capacity as representative of the Estate of Eleanor Frances Taylor (deceased) - Plaintiff Diana Neubacher in her capacity as representative of the Estate of John Dawson Taylor (deceased) - Defendant FILE NUMBER(S) : SC 3359/02 COUNSEL : Mr R Horsley - Applicant/Defendant Mr A G Todd - Respondent/Plaintiff SOLICITORS : Swaab Attorneys L C Muriniti & Associates