DCM Solar Pty Ltd (in Liquidation) v Marjoribanks [2013] NSWSC 855

Supreme Court New South Wales

Medium Neutral Citation: DCM Solar Pty Ltd (in Liquidation) v Marjoribanks [2013] NSWSC 855 Hearing dates: 25 June 2013 Decision date: 25 June 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: First, fourth and fifth defendants to file further list response and serve evidence. Documents to be disclosed. Catchwords: PRACTICE AND PROCEDURE - amendment of Commercial List Response - service of evidence PRACTICE AND PROCEDURE - Practice Note SC Eq 11 - whether certain documents ought to be disclosed where the parties have not yet served all of their evidence - whether exceptional circumstances necessitating disclosure exist Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Kugel, in the matter of Charben Haulage Pty Ltd (In Liquidation) [2009] FCA 1039 Category: Interlocutory applications Parties: DCM Solar Pty Ltd (in Liquidation) (plaintiff / respondent) Mark Raymond Marjoribanks (first defendant) Athanasios George Koumoukelis (second defendant) Iliad Enterprises Pty Limited (third defendant) Sanctuary Life Pty Ltd (fourth defendant) Sanctuary Energy Pty Ltd (fifth defendant / applicant) Nicole Marjoribanks (sixth defendant) Representation: Counsel: C Harris SC (plaintiff / respondent) D Ananian-Cooper (solicitor) (first, fourth and sixth defendants) M J Smith (fifth defendant / applicant) Solicitors: Ashurst (plaintiff / respondent) Sparke Helmore Lawyers (first, fourth and sixth defendants) Resolve Legal (fifth defendant / applicant) File Number(s): SC 2012/170532 Publication restriction: Nil