Pritchard Lees Pty Ltd v Cathleen Heather [2013] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: Pritchard Lees Pty Ltd v Cathleen Heather [2013] NSWSC 1521 Hearing dates: 9 October 2013 & 16 October 2013 Decision date: 16 October 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Application for preliminary discovery granted. Defendant to swear and serve on the plaintiff an affidavit setting out the details of persons from whom she received the identified confidential documents. Catchwords: PROCEDURE - application for preliminary discovery under UCPR, r 1.4 - discovery sought in the form of an affidavit setting out the details of persons from whom the defendant received particular documents - a director of the plaintiff and the defendant are former spouses - the plaintiff company runs an accounting practice - the defendant revealed that she has in her possession documents of the practice - whether the documents are prima facie confidential - whether it should be inferred that the documents were provided to the defendant by a third person - whether the preliminary discovery sought offends the "mere witness rule" - whether preliminary discovery should be granted - whether the plaintiff should pay the defendant's costs. Legislation Cited: Uniform Civil Procedure 2005, rr 5.1, 5.2 Cases Cited: Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694 Computershare Ltd v Perpetual Registrars Ltd & Ors (2000) 1 VR 626 Mercantile Group (Europe) AG v Aiyela [1994] QB 366; [1994] 1 All ER 110 McLean v Burns Philip Trustee Co Pty Ltd (1985) 2 NSWLR 623 Norwich Pharmacal Co v Customs and Excise Cmrs [1974] AC 133 Sega Enterprises Limited v ALCA Electronics [1982] FSR 516 Totalise plc v Motley Fool Ltd [2002] 1 WLR 1233 Category: Procedural and other rulings Parties: Plaintiff:- Pritchard Lees Pty Ltd Defendant:- Cathleen Heather Representation: Counsel: