NSW Caselaw
New South Wales Supreme Court
CITATION : Hamod v State of New South Wales (No 6) [2007] NSWSC 1366
HEARING DATE(S) : 31 August 2007
JUDGMENT DATE : 5 October 2007
JUDGMENT OF : Harrison J
DECISION : See paragraphs [52] - [53] for details of orders made.
CATCHWORDS : CIVIL PROCEDURE – interlocutory application for access to documents for forensic examination – dispute as to authenticity of platinum bullion certificate - application opposed in absence of orders for proper security arrangements and payment of associated costs – document allegedly uninsurable – orders for forensic examination of document made – plaintiffs to make such security arrangements as advised
LEGISLATION CITED : Evidence Act 1995 Uniform Civil Procedure Rules 2005
Anthony Hamod (First Plaintiff) PARTIES : Hamock Investments Pty Limited (Second Plaintiff) State of New South Wales (First Defendant) UBS Australia Limited (Second Defendant)
FILE NUMBER(S) : SC 20147 of 2003
COUNSEL : D E Baran (Plaintiffs) M R Speakman SC (Second Defendant)
Simon Diab & Associates (Plaintiffs) SOLICITORS : I V Knight, Crown Solicitor (First Defendant) Allens Arthur Robinson (Second Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
5 October 2007
20147 of 2003 Anthony Hamod & Anor v State of New South Wales & UBS Australia Limited
JUDGMENT 1 HARRISON J: On 19 July 2007, on the application of the second defendant by its notice of motion filed 12 July 2007, I made the following orders regarding access by the second defendant to the "Platinum Certificate" which is the subject matter, inter alia, of the present proceedings: - 2. Subject to Order 3 hereof, on or before 31 July 2007, the plaintiffs make available at the Manly premises of Forensic Document Services Pty Limited, for non-invasive examinations by Paul Westwood (an expert to be retained on behalf of the second defendant), the document alleged by the plaintiffs to be the "Platinum Certificate" referred to in paragraph 9 of the sixth amended statement of claim, for a period of up to four successive days.
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