Realcover Insurances Pty Ltd v Arthur J Gallagher (Aus) Pty Ltd [2015] NSWSC 1986

Supreme Court New South Wales

Medium Neutral Citation: Realcover Insurances Pty Ltd v Arthur J Gallagher (Aus) Pty Ltd [2015] NSWSC 1986 Hearing dates: 18 December 2015 Decision date: 24 December 2015 Jurisdiction: Equity Before: Stevenson J Decision: Summons dismissed Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – whether reasonable cause to believe plaintiff may have right of action against defendants – whether plaintiff has made reasonable inquiries Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hatfield v TCN Channel Nine Pty Ltd [2010] NSWCA 69; 77 NSWLR 506 Category: Principal judgment Parties: Realcover Insurances Pty Limited (Plaintiff) Arthur J. Gallagher (Aus) Pty Ltd (First Defendant) Arthur J. Gallagher & Co (Aus) Limited (Second Defendant) Representation: Counsel: D L Cook (Plaintiff) S A Gregory (Defendants)

Solicitors: William James Law (Plaintiff) Sparke Helmore Lawyers (Defendants) File Number(s): SC 2015/302083

Judgment

Introduction 1. This is an application for preliminary discovery of documents under Uniform Civil Procedure Rules 2005 (NSW) r 5.3(1). 2. That rule is in the following terms: "(1) If it appears to the court that: (a) the applicant may be entitled to make a claim for relief from the court against a person (the prospective defendant) but, having made reasonable inquiries, is unable to obtain sufficient information to decide whether or not to commence proceedings against the prospective defendant, and (b) the prospective defendant may have or have had possession of a document or thing that can assist in determining whether or not the applicant is entitled to make such a claim for relief, and (c) inspection of such a document would assist the applicant to make the decision concerned, the court may order that the prospective defendant must give discovery to the applicant of all documents that are or have been in the person's possession and that relate to the question of whether or not the applicant is entitled to make a claim for relief."