PRP Diagnostic Imaging Pty Limited (in its capacity as trustee for the Pittwater Radiology Trust) & Ors v Pittwater Radiology Pty Limited [2008] NSWSC 482

New South Wales Supreme Court

CITATION : PRP Diagnostic Imaging Pty Limited (in its capacity as trustee for the Pittwater Radiology Trust) & Ors v Pittwater Radiology Pty Limited [2008] NSWSC 482

HEARING DATE(S) : 16/05/08

JUDGMENT DATE : 20 May 2008

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : No leave granted to obtain further contested discovery categories

CATCHWORDS : Practice and Procedure - Discovery - Unpleaded prospective loss - Pleadings

CATEGORY : Procedural and other rulings

PRP Diagnostic Imaging Pty Limited (First Plaintiff) PARTIES : The partners of the Pittwater Radiology Partnership as set out in Schedule 1 (Second Plaintiff) The partners of the Pittwater Radiology Partnership as set out in Schedule 2 (Third Plaintiff) Pittwater Radiology Pty Limited (Defendant)

FILE NUMBER(S) : SC 50027/08

COUNSEL : Mr TM Jucovic QC, Mr J Giles (Plaintiffs) Mr I M Jackman SC, Ms K Richardson (Defendant)

SOLICITORS : Deacons (Plaintiffs) Freehills (Defendant)

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

Einstein J

Tuesday 20 May 2008

50027/08 PRP Diagnostic Imaging Pty Ltd & Ors v Pittwater Radiology Pty Ltd JUDGMENT

The notice of motion 1 There is before the court a notice of motion under cover of which the defendant/cross claimant seeks discovery of particular documents, the proceedings being fixed for final hearing on all issues on 25 June 2008. The nature of the proceedings 2 The nature of the proceedings as identified in the Commercial List Statement is as follows:

i. The first plaintiff, the defendant and the then partners of the Pittwater Radiology Partnership (Partnership) entered into an undated written agreement entitled "Pittwater Radiology Joint Venture Agreement" which is expressed to commence on 1 July 2005 (agreement).