Sulcs v Oliveri [2007] NSWSC 858

New South Wales Supreme Court

CITATION : Sulcs v Oliveri [2007] NSWSC 858 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 1 August 2007 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 1 August 2007

DECISION : The defendant's two notices of motion are dismissed.

CATCHWORDS : PRACTICE AND PROCEDURE – Notice to Produce - Whether counsel who consented to timetable for compliance with Notice to Produce had authority to do so – No evidence that counsel was under any misapprehension, did not have actual authority, was making a mistake or that there was any other factor which would have vitiated ostensible authority

LEGISLATION CITED : Uniform Civil Procedure Rule

CASES CITED : Harvey v Phillips (1956) 95 CLR 235 Lewis v Combell Constructions Pty Ltd (1989) 18 NSWLR 528

PARTIES : P.M. Sulcs & Associates Pty Ltd ACN 002 730 958 Dominic Oliveri

FILE NUMBER(S) : SC 3548/2004

COUNSEL : D.A.Smallbone with J. Cohen (Plaintiff / Cross Defendant) G.C. Lindsay SC with C.P. Locke (Defendant / Cross Claimant)

SOLICITORS : Connah, Steed & Co (Plaintiff / Cross Defendant) Watsons, Solicitors & Barristers (Defendant / Cross Claimant)

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

HAMMERSCHLAG J

1 AUGUST 2007

03548/2004 P.M. SULCS & ASSOCIATES PTY LTD –v- DOMINIC OLIVERI EX TEMPORE JUDGMENT 1 HIS HONOUR: There are three motions before the Court. They each related (differently) to a Notice to Produce dated 24 November 2006 which was the subject of orders made by Senior Deputy Registrar Musgrave on 6 March 2007 and entered by Acting Deputy Registrar Bowen on 7 March 2007. The Deputy Registrar's Order 2 was that: "The defendant do at or before said further return date of the said notice to produce on 14 March 2007 at 9am produce to the court the documents and things specified in the notice to produce."