ACN 105 921 962 Pty Ltd & Anor v Dominic Wiggett aka Ashley Neave Wiggett & Anor [2011] NSWSC 1470

Supreme Court New South Wales

Medium Neutral Citation: ACN 105 921 962 Pty Ltd & Anor v Dominic Wiggett aka Ashley Neave Wiggett & Anor [2011] NSWSC 1470 Hearing dates: Tuesday, 15 November 2011 Decision date: 15 November 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Notice of motion dismissed with costs. Catchwords: PRACTICE AND PROCEDURE - Notices to produce - notice in the nature of discovery - notice fails to specify a document or thing - notices cannot be used to obtain further and better discovery - notice set aside. PRACTICE AND PROCEDURE - Strike out application - plaintiffs apply for strike out of defence on basis of alleged defaults by defendants in giving discovery - usually necessary for applicant to show that has been and remains in substantial degree of default - mere suspicion discovery inadequate does not establish default - affidavit of documents generally conclusive - no evidence defendants remain in default - motion to strike out dismissed. Legislation Cited: (Cth) Corporations Act 2001 (NSW) Uniform Civil Procedure Rules 2005, r 20.2, r 34.1 Cases Cited: Australian Consolidated Press Ltd v Bond (1982) 61 FLR 91 Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 Category: Procedural and other rulings Parties: ACN 195 921 962 Pty Ltd (first plaintiff) Envirotechnic Pty Ltd (second plaintiff) Shannongrove Pty Ltd (third plaintiff) Dominic Wiggett aka Ashley Neave Wiggett (first plaintiff) A-Tek Specialist Industrial Cleaning Services Pty Ltd (second defendant) Representation: Counsel: Mr A M Gruzman (plaintiffs) Mr O J Andersen (solicitor, defendants) Solicitors: Bamford Lawyers (plaintiffs) Watson Mangioni Lawyers Pty Limited (defendants) File Number(s): 2009/290680 & 2010/39897