FAL Management Group Pty Ltd v Denham Constructions Pty Ltd [2015] NSWSC 1035

Supreme Court New South Wales

Medium Neutral Citation: FAL Management Group Pty Ltd v Denham Constructions Pty Ltd [2015] NSWSC 1035 Hearing dates: 27 July 2015 Decision date: 27 July 2015 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Notice of motion dismissed with costs. Catchwords: PROCEDURE – subpoenas – where material to be obtained under subpoena related to a cause of action not pleaded in the defendant's Technology and Construction List Response – consequence that those documents would not be relevant to questions in the proceedings – where subpoenas in any case defective because drafted ambiguously and with excessive width

LEGAL PRACTITIONERS – communications with the Court – where a solicitor sent an email to judicial chambers without prior consent of other parties – where the communication related to contentious matters – failure to adhere to Solicitors' Rules – usual consequence of referral to Office of the Legal Services Commissioner – whether appropriate in present case Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Contractors Debts Act 1997 (NSW) Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Category: Procedural and other rulings Parties: FAL Management Group Pty Limited as Trustee for TF Investment Trust (Plaintiff) Denham Constructions Pty Ltd (First Defendant) Representation: Counsel: A Jordan (Plaintiff) M Irwin (Solicitor) (Defendant)

Solicitors: Thomson Geer Lawyers (Plaintiff) Crisp Legal (Defendant) File Number(s): 2014/324010