Dynamic Press Investments v Storage Plus Group Manly & Anor [2007] NSWSC 430

New South Wales Supreme Court

CITATION : Dynamic Press Investments v Storage Plus Group Manly & Anor [2007] NSWSC 430

HEARING DATE(S) : 26 April 2007

JUDGMENT DATE : 7 May 2007

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The plaintiff's notice of motion filed 11 October 2006 is dismissed; (2) The defendants/cross claimants are to file and serve an amended cross-claim by 5.00pm on 27 April 2007; (3) The plaintiff is to request further and better particulars by 5.00pm on 3 May 2007; (4) The defendants/cross claimants are to answer both the request for particulars dated 31 August 2006 and the additional request for particulars by 17 May 2007; (5) The notices to produce addressed to the defendants/cross claimants are set aside; (6) Solicitors are to seek instructions from their clients as to whether they consent to mediation and to notify the other party of their instructions within seven days; (7) The matter is referred to a Status Conference on 21 May 2007 at 9.00am before the Registrar; (8) Costs are reserved.

CATCHWORDS : Strike out, security for costs, leave to file amended cross-claim, set aside notices to produce

LEGISLATION CITED : Corporations Act 2001 (Cth) - s 1135 Uniform Civil Procedure Rules 2005 - Parts 12, 13, 42

Fiduciary Ltd and Ors v Morningstar Research Pty Ltd & Ors [2004] NSWSC 664 General Steel Industries Inc v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125 Kostain Australia Limited v State Superannuation Board (unreported Brownie J, 22/02/91) CASES CITED : Maples v Hughes [2002] NSWSC 617 Roach v Page (No 1) [2003] NSWSC 722 Tomlinson & Anor v Cut Price Deli Pty Ltd & Anors (1992) 112 ALR 122 Winnote Pty Ltd & Anor v Page (2005) 56 ACSR 35, [2005] NSWCA 362