NSW Caselaw
New South Wales Supreme Court
CITATION : Bevillesta Pty Limited v Perpetual Nominees Ltd & Ors [2010] NSWSC 1198
HEARING DATE(S) : 2 September 2010 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 2 September 2010
DECISION : Motion dismissed with costs
CATCHWORDS : PROCEDURE – Supreme Court Procedure – New South Wales – Procedure under Uniform Civil Procedure Rules and other rules of court – Evidence – Other matters – Subpoenas for production – to third parties – seeking documents which defendant obliged to discover – whether documents sought are relevant – whether subpoenas are abuse of process on grounds that being used to obtain discovery, or otherwise.
CATEGORY : Procedural and other rulings
Azzi & Ors v Volvo [2006] NSWSC 283 CASES CITED : Bevillesta Pty Limited v Perpetual Nominees Limited (Unreported, Ball J, 26 July 2010) Bevillesta Pty Limited v Perpetual Nominees Ltd & Ors [2010] NSWSC 839 Hamod v State of New South Wales (No 8) [2008] NSWSC 125
Bevillesta Pty Limited ACN 008 428 162 (plaintiff) Perpetual Nominees Limited ACN 000 733 700 (first defendant) PARTIES : Perpetual Trustee Company Limited (second defendant) Challenger Managed Investments Limited (third defendant) AMAL Asset Management Limited (fourth defendant) Colonial First State Investments Limited (fifth defendant)
FILE NUMBER(S) : SC 10/243106
COUNSEL : Ms N Bearup (plaintiff) Mr M Cohen (defendants)
SOLICITORS : Middletons (plaintiff) Norton Rose (defendants)
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