Zahos v Michael [2012] NSWSC 195

Supreme Court New South Wales

Medium Neutral Citation: Zahos v Michael [2012] NSWSC 195 Hearing dates: 5 March 2012 Decision date: 07 March 2012 Jurisdiction: Common Law Before: R A Hulme J Decision: The application for order 1 in the Notice of Motion filed by the plaintiff/applicant on 23 February 2012 is refused. The plaintiff/applicant is to pay the first defendant/second respondent's costs. Catchwords: PRACTICE AND PROCEDURE - Discovery - Uniform Civil Procedure Rules 2005, r 5.3, 5.4 - person against whom the order for discovery is sought is not a "prospective defendant" - person against whom the order for discovery is sought is not a party to the proceedings - whether documents relate to a "question in the proceedings" Legislation Cited: Conveyancing Act 1919 Legal Profession Act 2004 Rules of the Supreme Court 1971 (WA), O 26A Uniform Civil Procedure Rules 2005 Cases Cited: Fairfax Media Publications Pty Ltd v Western Australian Rugby Union Inc [2008] WASCA 123 Morton v Nylex Ltd [2007] NSWSC 562 Zahos v Industrial Relations Commission of NSW [2005] NSWCA 427 Category: Interlocutory applications Parties: Terry Zahos (Applicant) Harry Hatzistergos (First respondent) Poppy Michael (Second respondent/First Defendant) CKZIA Pty Ltd (Second defendant) Eatstablishment Pty Ltd (Third defendant) Representation: Counsel: Mr S Jacobs (Applicant) Mr S Habib SC (Respondents) Mr M Hourigan (Mr Anastasios Michael) Solicitors: Robertson & Associates Mercantile Law File Number(s): 2012/55250