Chapel Road Pty Limited v Australian Securities Investments Commission (No 4) [2011] NSWSC 419

Supreme Court New South Wales

Medium Neutral Citation: Chapel Road Pty Limited v Australian Securities Investments Commission (No 4) [2011] NSWSC 419 Hearing dates: 9 May 2011 Decision date: 16 May 2011 Jurisdiction: Common Law Before: Schmidt J Decision: For the reasons given, the orders which the plaintiff seeks must be made. The usual order as to costs, is that they should follow the event. The parties should approach if there is disagreement to costs. Otherwise, I order that: 1. The Defendant provides Discovery in accordance with the categories nominated by the Plaintiff: "Documents" include emails, correspondence, minutes, notes, files, contracts, reports, drafts, instructions and memoranda. All documents referable to the Defendant's investigations to the consideration of training, supervision and compliance issues during the period of 30 June 1998 to 30 June 2002 in respect of the following entities: (a) Financial Wisdom Ltd. (b) Count Financial Group Pty Ltd. (c) Greater Western Financial Services Co Pty Ltd. (d) AMP Financial Planning Pty Ltd. (e) Grosvenor Securities Pty Ltd. Catchwords: PROCEDURE - discovery - documents relating to third parties - whether documents sought was a fishing expedition - documents relevant to claim - orders made Legislation Cited: Corporations Act 2001 Cases Cited: Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 Carroll v Attorney-General for New South Wales (1993) 70 A Crim R 162 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 5) [2010] FCA 1204 Category: Procedural and other rulings Parties: Chapel Road Pty Limited (Plaintiff) Australian Securities Investments Commission (Defendant) Representation: Counsel: Mr B Toomey QC (Plaintiff) Mr J Clarke (Defendant) Solicitors: Creagh & Creagh (Plaintiff) Blake Dawson (Defendant) File Number(s): 2006/266784