NSW Caselaw
New South Wales Supreme Court
CITATION : Lakaev v Denny [2010] NSWSC 136
HEARING DATE(S) : 4 February 2010, 11 February 2010
JUDGMENT DATE : 5 March 2010
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
The Court made orders on 11 February 2010, to reflect the terms of the orders announced on 4 February 2010, in the following terms:
(i) The Court notes the undertaking of the first and second defendants not to take any steps under Order 10 of the orders dated 8 April 2009, until further order of the Court.
DECISION : (ii) The plaintiff be granted access to the Report of Mr Robert Atkins dated 1 October 2009, prepared pursuant to Order 4 of the orders dated 8 April 2009, and the material to which the report relates, except for the following paragraphs and appendices: (a) paragraphs 45-48, 51-58, 114-117, 151-152 and 158-161; (b) appendices 2, 3, 5, 6, 7, 8, 36, 37, 53, 55 and 56.
(iii) Liberty to re-list the matter on 3 days' notice.
CATCHWORDS : PRACTICE AND PROCEDURE – preliminary discovery – orders previously made – question of whether categories are relevant and/or confidential – residual discretion – discretion not exercised – some documents irrelevant for purpose of preliminary discovery – distinction turns on issues of fact
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Morton & Ors v Nylex Ltd & Or [2007] NSWSC 562 Papaconstuntinos v Holmes a Court [2006] NSWSC 945
Natasha Lakaev (Plaintiff) PARTIES : Annette Denny (First Defendant) Warren Denny (Second Defendant)
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