Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935

Supreme Court New South Wales

Medium Neutral Citation: Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 Hearing dates: 7 August 2012 Decision date: 16 August 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) The Defendant's notice of motion filed on 19 June 2012 is dismissed. (b) The decision of Assistant Registrar Musgrave made on 23 May 2012 insofar as it relates to the production to the Plaintiff of the document identified is confirmed but varied as to the documents to be provided. (c) The Defendant to provide copies of documents, that are or have been in the Defendant's possession which are, or are styled as (whether signed or unsigned, or draft or non-draft) either: contracts, memoranda of understanding, purchase orders, invoices concerning the sale or purchase of the products known as "Visionguard", "Vitroglass" or "Vitroglaze", to which the parties are, or include, Hampic Pty Limited and Emirates Glass LLC or Emirates Glass Ltd, from the date 19 October 2009. (d) The Defendant to pay the Plaintiff's costs of the notice of motion. (e) The Plaintiff to pay the Defendant's reasonable costs of complying with order (c) above. (f) The stay granted by the Assistant Registrar be lifted. (g) The proceedings will be referred to the Registrar's list on a date suitable to the parties for further directions. Catchwords: PRACTICE AND PROCEDURE: Review of Registrar's decision under UCPR rule 49.19 on preliminary discovery - principles to apply - nature of review

Preliminary discovery - UCPR rule 5.3 - principles to apply Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Al-Shennag v Statewide Roads Pty Limited [2009] NSWSC 210 ASIC v Rich [2004] NSWSC 1089 Central Exchange Ltd v Anaconda Nickel Ltd [2002] WASCA 94; (2002) 26 WAR 33 Clemett v New South Wales Lotteries Corporation Pty Ltd [2011] NSWSC 121 Dernacourt Investments Pty Ltd, Re (1990) 20 NSWLR 588 Fenwick v Wambo Coal Pty Limited [2011] NSWSC 176 Groeneveld v Wollongong City Council [2009] NSWLEC 149; (2009) 168 LGERA 260 Hatfield v TCN Channel 9 [2010] NSWCA 69; (2010) 77 NSWLR 506 House v R (1936) 55 CLR 499 Lawteal Pty Limited v Ofo [2005] NSWSC 984 Liu v Fairfax Media Publications Pty Ltd [2012] NSWSC 900 Liu v the Age Company [2010] NSWSC 1176 Lollback v Brakepower Pty Ltd [2010] NSWSC 1457 Maser Technology Group Pty Ld v Edmondson [2010] NSWSC 458 McCarthy v Dolpag Pty Ltd [2000] WASCA 106 Moran v Moran (No 3) [2000] NSWSC 151 Morton v Nylex Ltd [2007] NSWSC 562 Perpetual Ltd v Barghachoun [2010] NSWSC 108 Portal Software v Bodsworth [2005] NSWSC 1115 Ryder v Frohlich [2006] NSWSC 1324 Seven Network Ltd v News Ltd [2006] FCA 343 Steffen v ANZ Banking Group [2009] NSWSC 666 Thompson v New South Wales Land and Housing Corporation [2008] NSWSC 74 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Wentworth v Graham (2002) 55 NSWLR 638 Westpac Banking Corp v Abemond Pty Ltd; Westpac Banking Corp v Cameron (NSWSC, 3 November 1994, unreported) Wily re LED (South Coast) Pty Ltd [2009] NSWSC 946 Category: Principal judgment Parties: Noble Earth Technologies Pty Limited A.C.N. 125 837 103 (Plaintiff) Hampic Pty Limited trading as Cyndan Chemicals A.C.N. 001 670 097 (Defendant) Representation: Counsel: Mr C Purdy (Plaintiff) Mr T Matlz (Defendant) Solicitors: Creagh & Creagh Solicitors (Plaintiff) Swaab Attorneys (Defendant) File Number(s): 2011/311345