Prowse v Rocklands Richfield [2012] NSWSC 448

Supreme Court New South Wales

Medium Neutral Citation: Prowse v Rocklands Richfield [2012] NSWSC 448 Hearing dates: 01/05/2012 Decision date: 01 May 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Further discovery ordered. Catchwords: PROCEDURE - civil - interlocutory issues - Practice note SC Eq 11 - disclosure - where verified further and better discovery of documents sought - Whether Practice note SC Eq 11 applies in circumstances that existing order for discovery have been performed - whether obligation to give discovery applies to documents discoverable as a result of amendments to "pleadings". Legislation Cited: Civil Procedure Act 2005 (NSW) Practice Note SC Eq 11 Uniform Civil Procedure Rules Category: Procedural and other rulings Parties: Alan Timothy Prowse (First Plaintiff) Frank Stewart Farrall (ABN 85 524 880 202) Rocklands Richfield Limited (ABN 82 057 121 749) (First Defendant) Jian He (Third Defendant) Pun Yan Wu (Fourth Defendant) Nai Ming Li (Fifth Defendant) Representation: Counsel: N J Kidd (Plaintiff) J Giles / C Hamilton-Jewell (Solicitor) (First, Third, Fourth and Fifth Defendants) Solicitors: Allens Arthur Robinson (First and Second Plaintiff) Minter Ellison (First, Third, Fourth and Fifth Defendants) File Number(s): 2010/422209

JUDGMENT - On application by active defendants for verified further and better discovery 1HIS HONOUR: I dealt earlier with so much of the active defendants' notice of motion filed on 13 April 2012 as dealt with the amendment of their commercial list response. I will not repeat what I said in my earlier reasons as to the parties and issues in the proceedings.