Yes Family Pty Ltd v Sphere Healthcare Pty Ltd (No. 2) [2016] NSWSC 1638

Supreme Court New South Wales

Medium Neutral Citation: Yes Family Pty Ltd v Sphere Healthcare Pty Ltd (No. 2) [2016] NSWSC 1638 Hearing dates: 7 October 2016 Decision date: 23 November 2016 Jurisdiction: Equity Before: White J Decision: Refer to paras [38] and [39] of judgment. Catchwords: PRACTICE AND PROCEDURE — preliminary discovery — plaintiff obtained order for preliminary discovery — order for discovery of certain classes of documents subsequently stayed and discovery of a more limited class of documents ordered — plaintiff contends that it requires additional discovery to enable it to decide whether or not to commence proceedings — whether the court has jurisdiction to make an order for the further production of documents — applications for preliminary discovery are interlocutory — plaintiff is not an unsuccessful party seeking to set aside, vary or discharge an interlocutory order — documents produced at the suggestion of the defendant as being sufficient for the plaintiff's purposes found to be insufficient — it is open to the plaintiff either to seek a lifting of the stay of the original orders for preliminary discovery or an order for preliminary discovery of a more limited but different class of documents — preliminary discovery ordered with respect to further categories of documents Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Bailey v Marinoff (1971) 125 CLR 529 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Dallas Buyers Club LLC v Iinet Ltd (No. 5) [2015] FCA 1437; (2015) 115 IPR 544 Hooper v Kirella Pty Ltd (1999) 96 FCR 1 Levis v McDonald (1997) 75 FCR 36 Liu v The Age Company Ltd [2010] NSWSC 1176 Liu v The Age Company Ltd [2016] NSWCA 115 Malouf v Malouf (1999) 86 FCR 134 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 917 Category: Procedural and other rulings Parties: Yes Family Pty Ltd (Plaintiff) Sphere Healthcare Pty Ltd (Defendant) Representation: Counsel: V R Gray (Plaintiff) J Knackstredt (Defendant)