Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors [2008] NSWSC 143

New South Wales Supreme Court

CITATION : Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors [2008] NSWSC 143

HEARING DATE(S) : 27/02/08 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 27 February 2008

DECISION : Additional category of discovery by first defendant ordered

CATCHWORDS : Practice and Procedure - Discovery - Notices to Produce

LEGISLATION CITED : Corporations Act 2001 Law Reform (Miscellaneous Provisions) Act 1946

CATEGORY : Procedural and other rulings

Green v CGU Insurance Limited [2005] NSWSC 254 CASES CITED : Portal Software International Pty Limited v Bodsworth [2005] NSWSC 1115 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710

PARTIES : Martin John Green in his capacity as liquidtor of Arimco Mining Pty Limited (in liquidation) (Plaintiff) CGU Insurance Limited (First Defendant)

FILE NUMBER(S) : SC 50177/04

COUNSEL : Mr D Davies SC, Mr MS White (Plaintiff) Ms C Needham SC, Mr S Goodman (First Defendant)

SOLICITORS : Henry Davis York (Plaintiff) Kennedys (First Defendant)

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

Einstein J

Wednesday 27 February 2008 ex tempore Revised 29 February 2008

50177/04 Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors JUDGMENT The state of the applications before the Court 1 These proceedings are listed for hearing on 14 July 2008 for four weeks. 2 The applications before the Court concern the plaintiff's endeavours to obtain access to nominate documents and records said to be in the first defendant's [called defendant for ease of reference] control: such endeavours pursued first by notices to produce and later by an application for leave to add to the categories to be discovered by the defendant. 3 The defendant by an amended notice of motion filed on 15th February 2008 sought to set aside the notices to produce [served by the plaintiff and dated 29 November 2007 and 17 December 2007] and sought alternatively, for nominate orders identified in paragraphs 3 and 4 of that amended notice of motion. 4 The plaintiff had by notice of motion filed on 22 January 2008, sought orders that the first defendant produce the documents the subject of the notices to produce.