NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Katwell v National Australia Bank [2012] NSWSC 1272 Hearing dates: 11/10/2012 Decision date: 11 October 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Application (for further discovery, or to cross-examine on discovery) dismissed with costs. Catchwords: [PROCEDURE] - civil - interlocutory issues - discovery - application to cross-examine on the affidavits of and relating to discovery - whether insufficient attention to discovery obligations - whether evidence given in support of discovery is so manifestly implausible that the Court should be required to permit cross-examination on it.
[COSTS] - whether there should be some costs order other than that would follow from the relevant event. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barescape Pty Ltd (as trustee for the Vs Family Trust) and Anor v Bacchus Holdings Pty Ltd as trustee for the Bacchus Holdings Trust and Anor [2011] NSWSC 437 Con Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 1200 Category: Procedural and other rulings Parties: Katwell Pty Limited (First Plaintiff) John Katerinis (Second Plaintiff) National Australia Bank (Defendant) Representation: Counsel: A L Connolly (Plaintiff) P D Reynolds (Defendant) Solicitors: JSM Lawyers (Plaintiff) NAB, Group Governance & Legal (Defendant) File Number(s): 2010/135240
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