Luxon v SC (Melbourne) Pty Ltd (No 2) [2016] NSWSC 1417

Supreme Court New South Wales

Medium Neutral Citation: Luxon v SC (Melbourne) Pty Ltd (No 2) [2016] NSWSC 1417 Hearing dates: 23 September 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) David Harris, Technical Manager employed by the Second Defendant, is to attend the Supreme Court of NSW to give evidence on a day assigned by the Court.

(2) Leave for the First and Second Plaintiffs to cross-examine David Harris in respect of his Affidavit sworn 20 July 2015 and Affidavits of Discovery sworn 8 October 2015, 10 February, 18 May and 5 August 2016.

(3) Second defendant to pay costs of the plaintiff's motion up to today.

(4) Reserve the costs of the cross-examination of Mr Harris.

(5) Matter listed for directions before the Common Law Registrar on 6 October 2016. Catchwords: PROCEDURE – notice of motion – application to cross-examine deponent of affidavit verifying discovery – whether reasonable ground for being fairly certain that there are other documents which ought to be disclosed – application granted Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Barescape Pty Limited (as trustee for the V's Family Trust) v Bacchus Holdings Pty Ltd as trustee for the Bacchus Holdings Trust [2011] NSWSC 437 Con Ange v Fairfax Media Publications [2010] NSWSC 1200 Dai v Zhu [2013] NSWCA 412 Luxon v SC (Melbourne) Pty Limited [2015] NSWSC 1012 Preston v Star City Council Pty Limited [2007] NSWSC 293 Proctor and Gamble v Medical Research [2001] NSWSC 183 Category: Procedural and other rulings Parties: Peter Luxon (First Plaintiff) Cheryl 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)