NSW Caselaw
New South Wales Supreme Court
CITATION : Cleary Bros (Bombo) Pty Limited v Waste Recycling & Processing Corporation [2007] NSWSC 538
HEARING DATE(S) : 25/05/07
JUDGMENT DATE : 29 May 2007
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : Reasons given for disallowing certain discovery categories and permitting others
CATCHWORDS : Practice and procedure - Discovery categories - Conventional estoppel - Need for communications 'across the line'
Idoport Pty Ltd v National Australia Bank Ltd [1999] NSWSC 1026 CASES CITED : Lakatoi Universal Pty Ltd v Walker [1998] NSWSC 470 Moratic Pty Ltd v Gordon [2007] NSWSC 5 National Australia Bank Ltd v Idoport Pty Ltd [2000] NSWCA 8
PARTIES : Cleary Bros (Bombo) Pty Limited (Plaintiff) Waste Recycling & Processing Corporation (Defendant)
FILE NUMBER(S) : SC 55079/06
COUNSEL : Mr M Orlov (Plaintiff) Mr R Scruby (Defendant)
SOLICITORS : Sparke Helmore (Plaintiff) Clayton Utz (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST
Einstein J
Tuesday 29 May 2007
55079/06 Cleary Bros (Bombo) Pty Ltd v Waste Recycling & Processing Corporation JUDGMENT The application for discovery 1 Waste Recycling and Processing Corporation ("WSN") by motion filed 23 May 2007 seeks an order for discovery from the plaintiff ("Cleary Bros") of documents in categories identified in annexure "J" of the affidavit of Deborah Kate Tomkinson, affirmed 23 May 2007. Six out of the 23 categories remain in dispute: categories 7, 8A, 11, 13, 15 and 23. 2 WSN is the owner of the Lucas Heights waste management centre. Cleary Bros is contracted to manage and operate that centre. The present proceedings concern 4 disputes between the parties arising out of that contractual relationship. For present purposes, it is only necessary to deal with 2 of those disputes: i. A dispute about the basis on which Cleary Bros is entitled to be paid under clause MP-2 of the contract, in relation to material taken over the weighbridge ("the Weighbridge dispute").
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