A J Lucas Operations Pty Ltd v CPW Trailer Sales & Repairs Pty Ltd [2012] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: A J Lucas Operations Pty Ltd v CPW Trailer Sales & Repairs Pty Ltd [2012] NSWSC 1052 Hearing dates: 1/08/2012 Decision date: 10 September 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The third defendant, Stephen Coe, is to attend Court on a date to be fixed, for cross examination upon his affidavits verifying the List of Documents of the first, second and third defendants, sworn 14 November 2011, 24 April 2012 and 10 May 2012; (2) The plaintiff is to provide copies to the defendants of the following documents: (a) the documents contained in category 1 of the defendants' List of Categories of Documents for Disclosure; (b) signed statement of Stephen James Edward Coe dated 1 December 2009; and (c) The AJ Lucas Group Limited "Drill Pipe Theft Investigation" carried out by Barrington Group Australia dated 16 December 2009; (3) The plaintiff is to provide copies to the defendants of the following documents only to the extent that they relate to the plaintiff's knowledge of the purported sale and the third defendant's knowledge of what the plaintiff knew of the purported sale: (a) signed statement of Stephen Loneragan dated 16 December 2009; (b) draft unsigned Affidavit of Stephen Loneragan dated 25 August 2010; (c) first draft unsigned statement of Stephen Loneragan dated October 2010; and (d) second draft unsigned statement of Stephen Loneragan dated October 2010. (4) Leave is granted to the defendants to file a cross claim. Such cross claim is to be filed and served within 14 days. (5) Each party is to pay his/its own costs. (6) The proceedings are stood over for directions before the Registrar on Monday, 24 September 2012 at 9.00 am. Catchwords: PROCEDURE - claim of conversion and detinue - discovery - application by plaintiff to cross-examine third defendant in relation to alleged insufficient discovery - application by defendants for discovery of documents - claim of legal professional privilege by plaintiff - application to file cross-claim - HELD - grant plaintiff's application to cross-examine third defendant - grant defendants' application for discovery - grant application to file cross-claim Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Factors (Mercantile Agents) Act 1923 Law Reform (Miscellaneous Provisions) Act 1946 Sales of Goods Act 1923 Uniform Civil Procedure Rules 2005 Cases Cited: Ampolex v Perpetual Trustee Company (Canberra) Ltd [1996] NSWSC 7; (1996) 40 NSWLR 12 ASIC v Rich [2004] NSWSC 1089 Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 1200 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 CSI International Co Ltd v Archway Personnel (Middle East) [1980] 3 All ER 215 Economos v Bowlers Club of NSW Ltd [2000] NSWSC 1065 Esso Australia Resources Ltd v Commission of Taxation [1999] HCA 67; (1999) 201 CLR 49 Lakatoi Universal Ltd v Walker [1998] NSWSC 470 Marshall and Marshall v Prescott (No 2) [2012] NSWSC 619 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Nair-Smith v Perisher Blue Pty Ltd [2011] NSWSC 878 NRMA Ltd v Morgan [1999] NSWSC 694 Preston v Star City Pty Ltd [2007] NSWSC 293 Southland Coal Pty Ltd (Rec and Mgrs Apptd) (In Liq), in the matter of [2006] NSWSC 899 Tolcher v Gordon [2005] NSWCA 135 Category: Procedural and other rulings Parties: A J Lucas Operations Pty Ltd (Plaintiff) CPW Trailer Sales & Repairs Pty Ltd (First Defendant) Coe Drilling Pty Ltd (Second Defendant) Stephen James Edward Coe (Third Defendant) Representation: M Luitingh (Plaintiff) A James (Defendants) Truman Hoyle (Plaintiff) Buchanan Legal (Defendants) File Number(s): 2011/142924