NSW Caselaw
New South Wales Supreme Court
CITATION : Australian Coal Technology Pty Limited v Schenck Australia Pty Limited [2005] NSWSC 1023
HEARING DATE(S) : 7/10/05
JUDGMENT DATE : 7 October 2005
Equity Division JURISDICTION : Commercial List
JUDGMENT OF : Einstein J
DECISION : Rulings on categories of discovery
CATCHWORDS : Practice and Procedure - Discovery - Case management - Civil Procedure Act - Uniform Civil Procedure Rules
Civil Procedure Act 2005 [NSW) LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW)
CASES CITED : National Australian Bank Ltd v Idoport Pty Ltd [2000] NSWCA 8
Australian Coal Technology Pty Limited (Plaintiff) PARTIES : Schenck Australia Pty Limited (Defendant)
FILE NUMBER(S) : SC 50099/04
Mr J Kirk & Mr M Guihot (Plaintiff) COUNSEL : Mr A McGrath (Defendant)
Middletons Lawyers (Plaintiff) SOLICITORS : Phillips Fox (Defendant)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Friday 7 October 2005 ex tempore Revised 11 October 2005
50099/04 Australian Coal Technology Pty Limited v Schenck Australia Pty Limited
ORDERS In proceedings No. 50099/04 I make orders in terms of the short minutes of order initialled by me and dated 7 October 2005, subject to modifying the terms of discovery category 24 by inserting at the end of the category after the first and second lines and after the lists of directors and employees and before 28 the following: Category of discovery 24 is to be limited in the following way:
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