James v Royal Bank of Scotland Group plc; McKeith v Royal Bank of Scotland Group plc [2013] NSWSC 402

Supreme Court New South Wales

Medium Neutral Citation: James v Royal Bank of Scotland Group plc; McKeith v Royal Bank of Scotland Group plc [2013] NSWSC 402 Hearing dates: 19 April 2013 Decision date: 24 April 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Further disclosure ordered Catchwords: PRACTICE & PROCEDURE - disclosure - whether necessary for resolution of real issues in dispute Legislation Cited: Practice Note SC Eq 11 Cases Cited: Leighton International v Hodges; Thiess v Reinforced Earth [2012] NSWSC 458 Category: Interlocutory applications Parties: 2011/320618: Angus Gordon Charnock James (plaintiff) Royal Bank of Scotland Group plc (first defendant) RFS Holdings B.V. (second defendant) RBS Services (Australia) Limited (third defendant) 2011/320637: Colin McKeith (plaintiff) Royal Bank of Scotland Group plc (first defendant) RFS Holdings B.V. (second defendant) RBS Services (Australia) Limited (third defendant) Representation: Counsel: M J Steele (plaintiffs) I M Jackman SC with T Saunders (second and third defendants) Solicitors: Harmers Workplace Lawyers (plaintiffs) Allens (second and third defendants) File Number(s): SC 2011/320618; 2011/320637 Publication restriction: Nil

Judgment

Introduction 1This is an application by the plaintiffs for disclosure by the defendants of 64 categories of documents. 2To a very large extent, the defendants agree to make disclosure. I am asked to deal with three disputed categories of documents. 3The disputed categories are: - (a)the restored email boxes of two individuals; (b)certain hard copy human resources' files; (c)particular issues in relation to five of the 64 categories.