WATSON v CONOLLY [2008] NSWSC 872

New South Wales Supreme Court

CITATION : WATSON v CONOLLY [2008] NSWSC 872

HEARING DATE(S) : 4 August 2008

JUDGMENT DATE : 26 August 2008

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Leave to the plaintiff to amend the statement of claim to delete the causes of action pleaded against the defendants in relation to the alleged failure to advise the plaintiff in respect of third party claims by the company in liquidation. Leave to the plaintiff to access and utilise documents in the present proceedings that were produced under subpoena in proceedings brought by him against insurer.

CATCHWORDS : PROCEDURE – Application for leave to amend statement of claim – sought to delete part of pleadings – amendments in question held separable - Application to rely on subpoenaed documents produced by defendants in different proceedings – documents totalling 350 folders – cost effective to allow access to existing documents

LEGISLATION CITED : Civil Procedure Act 2005 Corporations Act 2001 (Cth)

BL & GY v Hypec Electronics [2004] NSWSC 1119 CASES CITED : Clough v Frog (1974) 4 ALR 615 Horton v Jones (No 2) (1939) 39 SR (NSW) 305

PARTIES : David Patrick WATSON v Alan Robert CONOLLY & ORS

FILE NUMBER(S) : SC No 20096 of 2007

COUNSEL : P: D J Fagan SC D: S D Robb QC

SOLICITORS : P: Etheringtons D: Middletons

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HALL J

TUESDAY 26 AUGUST 2008

No 2007/20096

DAVID PATRICK WATSON v ALAN ROBERT CONOLLY & ORS

JUDGMENT

1 HIS HONOUR: The plaintiff, by notice of motion filed on 28 May 2008, seeks leave to file and serve an amended statement of claim in the form annexed to the notice of motion. The proposed amendments involve the deletion of paragraphs that formulate specific claims of negligence. 2 In addition, the plaintiff seeks an order for leave to rely in the present proceedings upon documents produced to the Court by the defendants in answer to a subpoena issued at the request of Allianz Australia Insurance Limited in proceedings in this Court, No 50143 of 2005. 3 The first of the two orders is the primary matter in dispute. It will be necessary to refer to the background circumstances leading to the present proceedings and to the causes of action pleaded in the statement of claim.