Cloud Top Pty Limited & Anor v Toma Services Pty Limited & Anor [2008] NSWSC 278

New South Wales Supreme Court

CITATION : Cloud Top Pty Limited & Anor v Toma Services Pty Limited & Anor [2008] NSWSC 278

HEARING DATE(S) : 28/03/08 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 28 March 2008

DECISION : Notice to produce struck out.

CATCHWORDS : Notices to produce - Rights of audience - Counsel refused leave to appear on defendants' behalf where purporting to be instructed by solicitors who had ceased to act - No such thing as a 'Claytons solicitor'

CATEGORY : Consequential orders

Cloud Top Pty Limited (First Plaintiff) Dawcam Pty Limited (Second Plaintiff) PARTIES : Toma Services Pty Limited (First Defendant) Alister Toma (Second Defendant) G Cooper Pty Limited as trustee for Cooper Trust trading as G Cooper Hotel Brokers (Third Defendant)

FILE NUMBER(S) : SC 50068/07

COUNSEL : Mr E Hyde (Plaintiffs)

SOLICITORS : Don McDougall Lawyer (Plaintiffs)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Friday 28 March 2008 ex tempore Revised 1 April 2008

50068/07 Cloud Top Pty Limited & Anor v Toma Services Pty Limited & Ors JUDGMENT

The motion 1 In proceedings number 50068 of 2007 the plaintiffs move on a notice of motion filed on 18 March 2008. The orders sought seek to strike out or set aside paragraphs 1, 2, 3, 4 and 5 of a notice to produce to the plaintiffs/first and second defendants to the first cross-claim served on behalf of the first and second defendants/cross-claimants to the first cross-claim and dated 6 March 2008.

2 The notice to produce is before the Court, as is a bundle of correspondence passing between McCabe Terrill and Don McDougall, lawyer. Together the notice to produce and that set of correspondence will be marked exhibit P1 on the application.