Commonwealth Bank of Australia v Goater [2016] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Goater [2016] NSWSC 710 Hearing dates: 1 June 2016 Decision date: 03 June 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the cross-claimants' notice of motion filed 13 May 2016.

(2) Subject to an application being made in writing to my Associate within seven days hereof for a different order, order the cross-claimants to pay the cross-defendants' costs of the motion. Catchwords: PRACTICE AND PROCEDURE – application for discovery before service of affidavit evidence – whether it is in interests of justice and consistent with the just, quick and cheap resolution of the real issues in the proceedings – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60 Uniform Civil Procedure Rules 2005 (NSW), r 21.2(4) Cases Cited: Commonwealth Bank of Australia v Goater [2014] NSWCA 265 Commonwealth Bank of Australia v Goater [2014] NSWCA 382 Commonwealth Bank of Australia v Goater [2014] NSWSC 652 Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (Plaintiff/ First Cross-Defendant) Shirley Ann Goater (First Defendant/ Cross-Claimant) Terence Claude Goater (Second Defendant/ Cross-Claimant) Moree Plains Shire Council (Second Cross-Defendant) Representation: Counsel: A Kaufmann (Plaintiff/ First Cross-Defendant) N Hill (Solicitor)(Defendants/ Cross-Claimants) S Bell (Second Cross-Defendant)