Charara v Grewal [2013] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: Charara v Grewal [2013] NSWSC 1015 Hearing dates: 24/7/13 Decision date: 26 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Direct the plaintiff to produce the MYOB electronic file or files in relation to the Media Press Computer Supplier Pty Ltd program for the period 1st May 2007 to date by 10th August 2013, utilising the 16 GB USB stick provided by the defendants for that purpose, together with the administrator ID and password necessary to access the file or files; (2) Access to the files and any expert report concerning them to be restricted to the defendant's independent expert, counsel and solicitors. Neither the files nor the report are to be shared with any third party; (3) Reserve liberty to the parties to apply on three clear days written notice to the Registrar and to the other side; (4) The plaintiff to pay the defendant's costs of, and incidental to, the application. Catchwords: EVIDENCE - application for order compelling plaintiff to produce evidence under s169 Evidence Act 1995 (NSW) Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Cases Cited: Hearne v Street [2008] HCA 36; 235 CLR 125 Trimcoll v Deputy Commissioner of Taxation [2007] NSWCA 307 Category: Interlocutory applications Parties: Jamal Charara (plaintiff) Harjit Singh Grewal (first defendant) Michael Wilden (second defendant) Representation: Counsel: In person (plaintiff) K W Dawson (defendants) Solicitors: Kemp Strang (defendants) File Number(s): 2013/50199