BT Securities Ltd v Moss [2011] NSWSC 762

Supreme Court New South Wales

Medium Neutral Citation: BT Securities Ltd v Moss [2011] NSWSC 762 Hearing dates: 19 July 2011 Decision date: 28 July 2011 Before: Davies J Decision: (1) The Cross-Claimants are not required to produce the documents sought in categories numbered 8 and 12 of the Notice to Produce dated 27 June 2011. (2) The Cross-Defendants are to pay the Cross-Claimants' costs of the Motion. Catchwords: PROCEDURE - Notices to Produce - production of documents for intended Motion for security for costs - whether notice was a fishing expedition or required documents for an improper purpose - whether bank accounts and tax returns were relevant to the question of whether the claimants were "ordinarily resident" out of the jurisdiction. Legislation Cited: Contracts Review Act 1980 Evidence Act 1995 Uniform Civil Procedure Rules Cases Cited: Corbett v Nguyen and Ors [2008] NSWSC 1265 Sigalla v Nationwide News Pty Limited [2010] NSWSC 1419 Pearson v Naydler [1977] 1 WLR 899 Category: Interlocutory applications Parties: BT Securities Limited (First Plaintiff) Westpac Banking Corporation (Second Plaintiff) Jeffrey Moss and Lisa Krukziener Moss (Defendants/Cross-Claimants) Everest Capital Limited (First Cross-Defendant) Jeremy Michael Reid (Second Cross-Defendant) Representation: J Baird (Cross-Claimants) P Knowles (Cross-Defendants) Clifford Chance (Cross-Defendants) Slater & Gordon (Cross-Claimants) File Number(s): 2010/38804