Athena Investments Holdings LLC v AJ Lucas Group Ltd [2013] NSWSC 1837

Supreme Court New South Wales

Medium Neutral Citation: Athena Investments Holdings LLC v AJ Lucas Group Ltd [2013] NSWSC 1837 Hearing dates: 19 November 2013 Decision date: 13 December 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1)The court, subject to par (2), proposes to make orders that the defendant give discovery to the plaintiff of the documents in the categories listed in pars 1(a) to (f) and (h) of its Summons dated 21 June 2013. (2)The court directs the parties to bring in short minutes of order (which may suggest variations to the proposed orders which accord with these reasons for judgment). (3)The court directs the parties to deliver written submissions as to the costs order that should be made on the application and in respect of the provision of discovery within 7 days. Catchwords: APPLICATION FOR PRELIMINARY DISCOVERY - whether plaintiff satisfies Rule 5.3 Uniform Civil Procedure Rules 2005 - whether plaintiff satisfies requirement that it may be entitled to make claim against defendant - potential entitlement of plaintiff to sue defendant for making misleading or deceptive representations to it - whether defendant made representation it would definitely draw down the loan facility - whether representations made to related company were received by plaintiff. Legislation Cited: Australian Consumer Law Uniform Civil Procedure Rules 2005 Cases Cited: Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694 Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506 Steffen v ANZ Banking Group [2009] NSWSC 883 Category: Interlocutory applications Parties: Athena Investments Holdings LLC (Plaintiff) AJ Lucas Group Limited (Defendant) Representation: Counsel: I Jackman SC and K Dawson (Plaintiff) J Stoljar SC and A d'Arville (Defendant) Solicitors: Corrs Chambers Westgarth (Plaintiff) King & Wood Mallesons (Defendant) File Number(s): 2013/190197