Luxon v SC (Melbourne) Pty Ltd [2015] NSWSC 1012

Supreme Court New South Wales

Medium Neutral Citation: Luxon v SC (Melbourne) Pty Ltd [2015] NSWSC 1012 Hearing dates: 23 July 2015 Date of orders: 27 July 2015 Decision date: 27 July 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Ordered that the defendants give the plaintiffs discovery of:

In the period 1 February 2005 to the date of the commencement of these proceedings:

(1) All documents recording or referring to any complaints, defects, claims, recalls, or notices to customers in relation to any component which the Second Defendant on 16 November 2011 said in a rare number of cases may over-heat and ignite inside the Sony Bravia KDL-40W3100 model.

(2) All documents recording or referring to any complaints, defects, claims, recalls, or notices to customers arising from or in relation to the risk or alleged occurrence of fires within or caused by any Sony Bravia television models available for purchase in Australia as at February 2008. Catchwords: PROCEDURE – notice of motion – discovery of documents – documents sought not oppressive – order sought granted – costs Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Peter Luxon (First Plaintiff) Sheryl Luxon (Second Plaintiff) SC (Melbourne) Pty Ltd (ACN 094 130 695) (First Defendant) Sony Australia Limited (ACN 001 215 354) (Second Defendant) Representation: Counsel: Mr D Lloyd (Plaintiffs) Mr P Dodson (Defendants)