National Australia Bank Ltd v Craig Trevor Smith [2012] NSWSC 1121

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Craig Trevor Smith [2012] NSWSC 1121 Hearing dates: 29 June 2012 Decision date: 16 October 2012 Jurisdiction: Common Law Before: Davies J Decision: Discovery is to be provided by the First and Second Cross-Defendants as indicated in paragraphs 32 to 43 of this judgment. The Motion is otherwise dismissed. Catchwords: PROCEDURE - discovery - late application - width of categories - no question of principle. Legislation Cited: Australian Securities And Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Contracts Review Act 1980 Uniform Civil Procedure Rules Cases Cited: Ace Hire Aust Pty Ltd v Adi Ltd [2006] NSWSC 969 Commonwealth Northern Land Council (1991) 30 FCR 1; 103 ALR 267 Idoport Pty Ltd v National Australia Bank [1999] NSWSC 1026 Lakator Universal Pty Ltd v Walker [1998] NSWSC 470 Category: Interlocutory applications Parties: National Australia Bank Ltd (Plaintiff/Cross-Defendant on First & Second Cross-Claims) Craig Trevor Smith (First Defendant/First Cross-Claimant on Second Cross-Claim) Denise Vittali-Smith (Second Defendant/Second Cross-Claimant on Second Cross-Claim) GHS Financial Services Pty Ltd (Second Cross-Defendant on Second Cross-Claim, Cross-Defendant on Third Cross-Claim) Patrick George Smith (Third Defendant/ First Cross-Claimant on First and Third Cross Claims) Nadine Ann Smith (Fourth Defendant/Second Cross-Claimant on First and Third Cross-Claims) Representation: Counsel: M Collins (Plaintiff) G Rubagotti (First & Second Defendants/Cross-Claimants) S Propoggia (GHS Financial Services Pty Ltd) M Tibbey (Third & Fourth Defendants/Cross-Claimants) Solicitors: Gadens Lawyers (Plaintiff) Landerer & Company (First & Second Defendants) P Baker, Solicitor (Third & Fourth Defendants/Cross-Claimants) Kennedys (GHS Financial Services Pty Ltd) File Number(s): 2009/296546