Power v Ekstein [2010] NSWSC 472

New South Wales Supreme Court

CITATION : Power v Ekstein [2010] NSWSC 472

HEARING DATE(S) : 31 March 2010; 27 and 28 April 2010

JUDGMENT DATE : 18 May 2010

JURISDICTION : Equity

JUDGMENT OF : White J

1. Order that within 28 days the first defendant either: (a) provide to the plaintiff's solicitor a copy of all books and records of the Otto Ekstein Family Trust remaining in his possession or the possession of any agent of his; or (b) produce such documents to the court. 2. Order that the plaintiff have leave to photocopy all documents produced to the court by the first defendant pursuant to order 1(b), and that such photocopying be undertaken within 21 days of the plaintiff's solicitor being advised that the documents have been produced to the court. 3. Order that after the plaintiff has photocopied documents produced to the court pursuant to order 1(b) the documents so produced may be returned to the first defendant. 4. Order that the solicitors for the plaintiff and the first defendant make and keep a record of documents produced pursuant to order 1. DECISION : 5. Order that by 20 July 2010 the first to sixth defendants give discovery in accordance with these reasons of the documents referred to in the Lists of Categories of Documents for Discovery by the First to Sixth defendants which are exhibit B on the application, and forthwith thereafter make the same available for inspection by the plaintiff. 6. Order that the plaintiff's amended notice of motion filed on 19 April 2007 and the plaintiff's interlocutory process filed on 31 March 2010 be otherwise dismissed. 7. Stand over proceedings to 23 August 2010 before the Corporations List Judge for directions. 8. Liberty to restore before the Corporations List judge in the Monday Corporations List on seven days' notice. 117 My prima facie view is that costs of the applications be costs in the proceedings. I give liberty to any party to apply within 7 days for a different costs order. The application may be made in writing to my associate accompanied by a submission as to the different costs order sought. Any such application and supporting submission is to be served on an affected party within the same period of 7 days. Within a further 7 days any affected party should provide to my associate (with a copy to the moving party) his, her or its submission in response and may at the same time make his, her or its own application for a different costs order with supporting submissions. Any submission in reply should be exchanged and provided to my associate within a further 7 days. If any different costs order is sought I will deal with the application or applications on the papers. If no application for a different costs order is made within 7 days as provided above, the costs of the applications are costs in the proceedings.