Chep Australia Ltd v Cavanagh; Chep Australia Ltd v Warehouse Distributions Pty Ltd [2013] NSWDC 256

District Court New South Wales

Medium Neutral Citation: Chep Australia Ltd v Cavanagh; Chep Australia Ltd v Warehouse Distributions Pty Ltd [2013] NSWDC 256 Hearing dates: 12 July 2013 Decision date: 12 July 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Order Coles Group Limited give discovery to Express Direct Service of all documents bearing a date November 2011 to April 2012 inclusive, which evidence delivery of Coles Group Limited goods or of pallets by Express Direct Service to Austrans Container Service. (2) Austrans Container Service to bear its own costs of the applications but as between Coles Group Limited and Express Direct Service the costs of the applications be costs of the second cross-claim recoverable by Coles Group Limited or Express Direct Service only insofar as that party obtains a favourable order against the other for the costs of the second cross-claim. Catchwords: DISCOVERY - to supply particulars requested by another party - relevance to pleadings - relevant period - costs Cases Cited: Perpetual Trustees Victoria Limited v Dunlop & Ors [2009] VSC 331 Procter v Kalivis [2009] FCA 795 Category: Interlocutory applications Parties: 2012/216176 Chep Australia Limited ACN 117 266 323 (plaintiff) Glen Cavanagh (defendant/first cross-claimant) Express Direct Services Pty Limited ACN 069 778 847 (first cross-defendant/second cross-claimant) Vermile Pty Limited ACN 007 130 092 trading as Austrans Container Service (second cross-defendant) Coles Group Limited ACN 004 089 936 (third cross-defendant)