Provident Capital Ltd v Kharadjian [2014] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Provident Capital Ltd v Kharadjian [2014] NSWSC 1490 Hearing dates: 10/10/2014 Decision date: 10 October 2014 Jurisdiction: Common Law Before: Garling J Decision: With respect to the Notice of Motion dated 26 September 2014, I make the following orders: (1) The Notice to Produce for Inspection served by the second and third defendants on the plaintiff on 18 September 2014 be set aside. (2) I order the second and third defendants to pay the plaintiffs' costs of and incidental to the Notice of Motion With respect to the Notice of Motion dated 3 October 2014, I make the following orders: (1) I order that the Notice to Produce for Inspection served by the second and third defendants on the plaintiff on 29 September 2014 be set aside. (2) I order that each party pay its and their own costs of the Motion. With respect to the second Notice of Motion dated 3 October 2014, I make the following orders: (1) I order that the Notice of Motion filed by the solicitor for the plaintiff on 3 October 2014 with respect to legal professional privilege be dismissed. (2) I order the second and third defendants to pay the plaintiffs' costs of and incidental to the Motion. With respect to the proceedings generally, I will make the following directions: (1) I order Mr Lazar, the cross-defendant to the Second Cross-Claim, to file and serve a defence to the Second Cross-Claim on or before 31 October 2014. (2) I grant leave to each of the defendants to file and serve any amended Defence and any amended First Cross-Claim by 4pm, 24 October 2014. (3) I reserve to the plaintiff the right to raise, on the next occasion the matter is before the Court, any objection to any of the amendments which are contained in such amended documents. (4) I order the defendants to pay the plaintiffs' costs of and occasioned by any amendment to the documents. (5) I order the first defendant to pay the costs of the plaintiff of the directions hearing of 12 September 2014. Catchwords: PROCEDURE - civil - interlocutory issues - notices to produce for inspection - challenges to claims for privilege - consent orders - no point of general principle Legislation Cited: Civil Procedure Rules 2005 Category: Interlocutory applications Parties: Provident Capital Limited ACN 082 735 573 (Receivers And Managers Appointed) (In Liquidation) (P) George Kharadjian (D1) Stella Kharadjian (D2) John Kharadjian (D3) Representation: Counsel: J Hynes (P) G A Moore (D1) G Thomas (D2, D3) Solicitors: Henry Davis York (P) Jordan Djundja Lawyers (D1) Shore Stack Lawyers (D2, D3) File Number(s): 2010/80304