Chandra & Anor v Perpetual Trustee Victoria Limited & Anor (No 2) [2006] NSWSC 1344

New South Wales Supreme Court

CITATION : Chandra & Anor v Perpetual Trustee Victoria Limited & Anor (No 2) [2006] NSWSC 1344

HEARING DATE(S) : 06/10/06 JURISDICTION : Equity

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 10/06/2006

DECISION : Orders for discovery made

CATCHWORDS : PROCEDURE – Discovery – whether categories of documents relevant to fact in issue – where documents may corroborate or contradict facts asserted in allegedly forged document – documents may rationally affect assessment of allegation of forgery

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW), rr 21.1(2), 21.2

Fatah Chandra (P1) Adje Srikandi (P2) PARTIES : Perpetual Trustees Victoria Ltd ACN 004 027 258 (D1) The Department of Lands (D2) Richard Stephen Miller (D3)

FILE NUMBER(S) : SC 3261/06

Mr Grieve QC w Ms Coulton (P) COUNSEL : Mr Parker SC (D1) Mr Shields (D3)

George Sten & Co (P) SOLICITORS : Allens Arthur Robinson Solicitors (D1) Ebsworth & Ebsworth Lawyers (D3)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Friday 6 October 2006

3261/06 Fatah Chandra & Anor v Perpetual Trustee Victoria Limited & Anor JUDGMENT (ex tempore) 1 HIS HONOUR: By Notice of Motion filed on 4 September 2006 the first defendant, Perpetual Trustee Victoria Limited, seeks an order in the following terms:- An order that the plaintiffs provide discovery of the following categories of documents to the first defendant by 15 September 2006: (a) All documents including but not limited to, tax returns, financial statements and registration papers in existence as at April 2005 showing: (i) the then annual income of each of the plaintiffs from Chandra & Sons Enterprises Pty Ltd; (ii) the value of the plaintiffs' interests in Chandra & Sons Enterprises Pty Ltd; (iii) any Honda motor vehicle then owned by either of the plaintiffs and its value; (iv) the amounts held in any savings accounts held by either of the plaintiffs; and (v) the value of the plaintiffs' restaurant at Kingsford, NSW. (b) All documents relating to, recording or referring to the mortgage that is registered in favour of the first defendant on the property at 23A Jellicoe Avenue, Kingsford NSW (the Property) and the loan or loans secured or purportedly secured by that mortgage; (c) Any certificate of title for the Property issued prior to 4 April 2005; (d) All documents relating, recording, referring to or evidencing any meetings, discussions or dealings between or involving: (i) either or both of the plaintiffs and Joey Pan; and (ii) Sun Chandra and Joey Pan, concerning any propose4d investment loan or other financial transaction. 2 By Notice of Motion filed on 18 September 2006, the third defendant, Stephen Miller, seeks an order in the following terms:- An order that the plaintiffs provide discovery of the following categories of documents to the third defendant by 6 October 2006; (a) all documents relating to, recording or referring to the mortgage that is registered in favour of the first defendant on the property at 23A Jellicoe Avenue, Kingsford, NSW (Property) and the loan or loans secured or purportedly secured by that mortgage; (b) any certificate of title for the Property issued prior to 4 April 2005; (c) all documents relating, recording, referring to or evidencing any meetings, discussions or dealings between or involving: (i) either or both of the plaintiffs and Joey Pan; and (ii) Sun Chandra and Joey Pan, concerning any proposed investment loan or other financial transaction.