NSW Caselaw
New South Wales Supreme Court
CITATION : TCS ACES Pty Limited v Mikohn Gaming Australasia Pty Limited [2007] NSWSC 1139
HEARING DATE(S) : 30 August, 4 September 2007 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 4 September 2007
DECISION : Order made for separate determination of issues. Order releasing solicitors from undertakings to keep confidential certain affidavit material. Order that notice to produce be set aside. Order that defendant produce document for inspection.
CATCHWORDS : PROCEDURE – separate determination of questions – expedited hearing – matter having great urgency – impossible to resolve all issues finally – possible to resolve issue that may be decisive – other issues deferred – PLEADING – pleading must state effect of document, not incorporate by reference – PROCEDURE – production of documents – confidentiality – private confidentiality undertaking does not excuse compliance with notice to produce given force by rule of Court – PROCEDURE – Notice to produce – unreasonably burdensome in extent and time
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005 r 34.2
CASES CITED : TCS ACES Pty Limited v Mikohn Gaming Australasia Pty Limited [2007] NSWSC 988
PARTIES : TCS ACES Pty Limited (plaintiff) Mikohn Gaming Australasia Pty Limited (defendant)
FILE NUMBER(S) : SC 50138/07
COUNSEL : Mr I M Jackman SC w Mr M R Tyson (plaintiff) Mr J B Simpkins SC w Mr E A J Hyde (defendant)
SOLICITORS : Ebsworth & Ebsworth (plaintiff) Deacons (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
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