Preston v Star City Pty Limited [2007] NSWSC 1205

New South Wales Supreme Court

CITATION : Preston v Star City Pty Limited [2007] NSWSC 1205

HEARING DATE(S) : 18/10/2007

JUDGMENT DATE : 29 October 2007

JUDGMENT OF : Hoeben J at 1

DECISION : The defendant and the plaintiff are to agree on an independent solicitor or barrister who will inspect such documents as the plaintiff indicates he wishes access to.; That solicitor or barrister is to be retained by the defendant at the plaintiff's cost.; The terms of the retainer of the solicitor or barrister and his or her method of payment are to be agreed between that person and the plaintiff.; The reasonable costs of the defendant in arranging for such access and inspection of documents are to be met by the plaintiff.; The results of such access and inspection of documents by the solicitor or barrister are not to be communicated directly to the plaintiff but only to his legal advisers. In that regard the plaintiff's legal advisers are bound by the undertakings which they have previously given to the Court in relation to the discovery and inspection of documents.; Each party is to pay his or its own costs of this application.

CATCHWORDS : PRACTICE AND PROCEDURE - Defendant's application to be relieved from discovery obligation - quantity of documents - lack of indexing - substantial costs to be incurred by inspection - limited utility of inspection - if relief granted plaintiff to be allowed to inspect at his own expense.

LEGISLATION CITED : Uniform Civil Procedure Rules (NSW) 2005

CASES CITED : Commerce Commission v Telecom Corporation of New Zealand Limited & Anor (2006) NZCA 252

PARTIES : Alexander Preston - Plaintiff Star City Pty Limited - Defendant

FILE NUMBER(S) : SC 20334/1998

COUNSEL : Mr J Keesing - Plaintiff Mr R Weber SC/Mr M Condon - Defendant