Bendigo and Adelaide Bank Limited v Stamatis [2013] NSWSC 248

Supreme Court New South Wales

Medium Neutral Citation: Bendigo and Adelaide Bank Limited v Stamatis [2013] NSWSC 248 Hearing dates: 05/03/2013 Decision date: 27 March 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff's notices of motion dated 16 October 2012 and 10 December 2012 are dismissed. (2) Order in accordance with paragraph (1) of the defendants' notice of motion dated 21 November 2012 and the following documents to be included, any disbursement documents or other documents showing where the loan moneys the subject of the proceedings were disbursed. (3) The plaintiff is to pay the first and second defendant's costs of the motions as agreed or assessed. Catchwords: PROCEDURE - claim of privilege over documents disclosed - whether documents such as to attract privilege - whether bank waived privilege - legitimate forensic purpose - whether scope of subpoena to produce too broad Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: AG Australia Holdings Ltd v Burton (2002) 58 NSWLR 464 Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd [2012] NSWCA 430 Attorney-General (NSW) v Dylan Chidgey [2008] NSWCCA 65 Australian Competition and Consumer Commission v Cathay Pacific Airways Ltd [2012] FCA 1101 Australian Securities and Investments Commission v Lindberg [2009] VSCA 234; (2009) 25 VR 398 City of Sydney, The v Streetscape Projects (Australia) Pty Ltd [2011] NSWSC 364 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49; (2002) 213 CLR 543 English and American Insurance Co Ltd v Herbert Smith & Co [1987] NLJ 148 Esso Australia Resources Ltd v Commission of Taxation [1999] HCA 67; (1999) 201 CLR 49 Grace v Grace [2010] NSWSC 1514 New Price Retail Services v David Hanna [2012] NSWSC 422 Perpetual Trustee Company Ltd v Khoshaba [2006] NSWCA 41 Southland Coal Pty Ltd (Rec and Mgrs Apptd) (In Liq), In the Matter of [2006] NSWSC 899 Category: Procedural and other rulings Parties: Bendigo and Adelaide Bank Limited (Plaintiff) Aristides Stamatis (First Defendant) Maria Stamatis (Second Defendant) Representation: Counsel: M Cohen (Plaintiff) JK Taylor (Defendants) Solicitors: GADENS Lawyers (Plaintiff) Hughes & Taylor (First & Second Defendants) File Number(s): 2011/156419