Commonwealth Bank of Australia v Daleport Pty Limited (in receivership) (No 2) [2015] NSWSC 1746

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Daleport Pty Limited (in receivership) (No 2) [2015] NSWSC 1746 Hearing dates: 17 November 2015 Date of orders: 23 November 2015 Decision date: 23 November 2015 Jurisdiction: Common Law Before: McCallum J Decision: Ruling as to proposed question for court-appointed expert Catchwords: PRACTICE AND PROCEDURE – disclosure of documents – where defences raise a large issue as to the financial status of a bank during the period before it was acquired by another bank – agreement that expert evidence will assist the court to determine the appropriate scope of discovery – single expert to be appointed by the court – determination of dispute as to the questions for the expert Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 21.2(4) Cases Cited: Bank of Western Australia v Daleport Pty Limited [2011] NSWSC 819 Commonwealth Bank of Australia v Daleport Pty Limited [2013] NSWSC 981 Daleport Pty Limited v Bank of Western Australia Limited [2012] NSWCA 402 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (plaintiff) Daleport Pty Ltd (in Receivership) (first defendant) Alexander Raymond Walton (second defendant) Representation: Counsel: P Dowdy (plaintiff) N Obrart (defendants)

Solicitors: Gadens Lawyers (plaintiff) Ledger Lawyers (defendants) File Number(s): 2008/287869 Publication restriction: None