Stealth Enterprises Australia Pty Limited trading as The Gentlemen's Club v Calliden Insurance Limited [2013] NSWSC 1757

Supreme Court New South Wales

Medium Neutral Citation: Stealth Enterprises Australia Pty Limited trading as The Gentlemen's Club v Calliden Insurance Limited [2013] NSWSC 1757 Hearing dates: 8 November 2013 Decision date: 28 November 2013 Jurisdiction: Common Law Before: Barr AJ Decision: The defendant was granted leave to administer interrogatories. The plaintiff was ordered to provide written answers to the interrogatories within 21 days of service. The plaintiff was ordered to pay to the defendant half its costs of the motion. Catchwords: PRACTICE AND PROCEDURE - business insurance - brothel - motorcycle club - membership - duty to disclose material facts to insurer - non-disclosure of material facts - refusal to honour insurance policy - interrogatories - request for disclosure of information about association with motorcycle club - interrogatories opposed - scope of relevance - consideration of necessity and purpose of interrogatories - costs - orders made Legislation Cited: Uniform Civil Procedure Rules 2005 Legal Profession Act 2004 Cases Cited: Seidler v John Fairfax & Sons Limited [1983] 2 NSWLR 390 Gerard Cassegrain & Co Pty Limited; Cassegrain v Gerard Cassegrain & Co Pty Limited [2011] NSWSC 241 Category: Interlocutory applications Parties: Stealth Enterprises Australia Pty Limited trading as The Gentlemen's Club (plaintiff) Calliden Insurance Limited (defendant) Representation: Counsel: S.J. Maybury (plaintiff) M.J. Heath (defendant) Solicitors: MCK Lawyers (Plaintiff) Turks Legal (Defendant) File Number(s): 2012/324562 Publication restriction: None