Thiess v Parsons Brinckerhoff Australia [2015] NSWSC 326

Supreme Court New South Wales

Medium Neutral Citation: Thiess v Parsons Brinckerhoff Australia [2015] NSWSC 326 Hearing dates: 25 March 2015 Decision date: 25 March 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Dismiss with costs application for disclosure before evidence. Catchwords: PROCEDURE - interlocutory issues - application for disclosure before evidence - Practice Note guiding the exercise of discretion - relationship between Practice Note and Rules - where practice note requires exceptional circumstances necessitating disclosure - where the facts in issue were not identified before hearing - where the categories of documents sought cover vastly more material than is capable of bearing on those facts in issue - where applicant conceded that many documents were merely on 'wish list' - delay in bringing application Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bauen Constructions Pty Limited v New South Wales Land and Housing Corporation [2014] NSWSC 684 Category: Procedural and other rulings Parties: Thiess Pty Limited (First Plaintiff) John Holland Pty Limited (Second Plaintiff) Parsons Brinckerhoff Australia Pty Limited (First Defendant) ACN 006 475 056 Pty Limited (Second Defendant) ACN 061 447 621 Pty Limited (Third Defendant) URS Australia Pty Limited (Fourth Defendant) Representation: Counsel: R J Cheney SC (First and Second Defendants) L W F Chan (Third Defendant) B C A Bradley (Fourth Defendant)