Liu v The Age Company Ltd [2011] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: Liu v The Age Company Ltd [2011] NSWSC 53 Hearing dates: 1, 2, 3, 4, 9, 10 February 2011 Decision date: 11 February 2011 Before: McCallum J Decision: Reserved reasons for procedural and evidentiary rulings Catchwords: NOTICE TO PRODUCE - whether amounting to an abuse of process where seeking documents also sought in substantive proceeding for preliminary discovery - admissibility of evidence - whether representations by solicitor amount to admissions by client - call for documents under r 21.10 UCPR - whether entitlement spent where affidavit not read Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: British Steel v Granada Television (1981) AC 1096 Fairfax & Sons v Cojuangco [1988] HCA 54; 165 CLR 346 Liu v The Age Company [2010] NSWSC 1176 Tyco Australia Pty Limited v Leighton Contractors Pty Limited [2005] FCAFC 115 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales Category: Procedural and other rulings Parties: Helen Liu (Plaintiff) The Age Company Limited (First Defendant) Richard Baker (Second Defendant) Phillip Dorling (Third Defendant) Nick McKenzie (Fourth Defendant) Representation: Mr B R McClintock SC and Ms G R Rubagotti (Plaintiff) Mr T D Blackburn SC and Mr A T S Dawson (Defendants) Kennedys (Plaintiff) Minter Ellison (Defendant) File Number(s): 2010/224488