Murray & Anor v Wheeler & Ors [2013] NSWSC 137

Supreme Court New South Wales

Medium Neutral Citation: Murray & Anor v Wheeler & Ors [2013] NSWSC 137 Hearing dates: 21 February 2013 Decision date: 21 February 2013 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Summons dismissed Catchwords: [PRACTICE AND PROCEDURE] [PRELIMINARY DISCOVERY] - where parties against whom preliminary discovery under Part 5 rule 5.3 of the Uniform Civil Procedure Rules 2005 is sought had been notified previously that the applicants were going to join them to proceedings in the District Court in respect of the same issues the subject of the relief which they may be entitled to claim in this Court - whether such notification evidenced that the applicants had sufficient information to decide whether or not to commence proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Optiver Australia Pty Ltd v Tibra Trading Pty Ltd and Others (2008) 169 FCR 435 St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 Category: Principal judgment Parties: Craig Donald Murray (1st Applicant) S.T.A.T. Security Training & Tactics Pty Limited (2nd Applicant) Craig Wheeler (1st Respondent) Mobile Witness Australia Pty Limited (2nd Respondent) Digital Video Witness (Aust) Pty Limited (3rd Respondent) Representation: DP O'Connor (Applicants) JP Donohoe (Respondents) Stevens Cottee Lawyers (Applicants) Avondale Lawyers (Respondents) File Number(s): 2012/200658 Publication restriction: Nil