Fodare Pty Ltd v Shearn [2010] NSWSC 737

Reported Decision : 240 FLR 187

New South Wales Supreme Court

CITATION : Fodare Pty Ltd v Shearn [2010] NSWSC 737

HEARING DATE(S) : 24/06/10, 25/06/10

JUDGMENT DATE : 6 July 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

I make the following directions: 1. If the defendants take specific and particular objection to any part of the affidavit of Mr Dennis of 13 August 2009, the affidavit of Mr Rowley of 14 August 2009 or the affidavit of Mr Clout of 10 August 2009, the defendants shall, within seven days, serve on the plaintiff a schedule containing: (a) the text of each passage objected to; (b) a statement in narrative form of the basis for objection; and (c) a statement in narrative form of the submissions in support of the objection. DECISION : 2. Within seven days after service of any such schedule, counsel and solicitors for the defendants and counsel and solicitors for the plaintiff shall physically meet together and discuss in a constructive way each and every item in the schedule with a view to reaching agreement that the objection will not be pressed or the passage in question will not be read or the objection is conscientiously taken and conscientiously resisted so as to require a ruling by the court, it being the purpose of that meeting to have counsel identify an irreducible minimum of objections requiring a ruling and thereby to perform their duty to assist the court in identifying and determining real issues going to the admissibility of evidence. 3. Within seven days after that meeting has concluded, counsel for the parties shall jointly prepare and deliver to my Associate a written statement relating to the unresolved objections which is set out in columns as follows: (a) the first column shall identify the relevant affidavit and the relevant paragraph number; (b) the second column shall contain the text of the passage to which objection is take; (c) the third column shall contain in narrative form the basis for the objection and the defendants' submissions in support of the objection; and (d) the fourth column shall contain in narrative form the plaintiff's submissions against the objection and in support of the admissibility of the material objected to.