In the matters of Micron Manufacturing Pty Ltd and Micron Group Pty Ltd [2017] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: In the matters of Micron Manufacturing Pty Ltd and Micron Group Pty Ltd [2017] NSWSC 289 Hearing dates: 17 March 2017 Date of orders: 17 March 2017 Decision date: 17 March 2017 Jurisdiction: Common Law Before: Gleeson JA Decision: (1) Pursuant to UCPR r 21.2, the third and fourth defendants give discovery to Harris Freidman, 10/25-29 Bligh Street, Sydney, copies (either hard or digital) of documents falling within the categories numbered 17, 18 and 19 set out in the document headed "Annexure A" to the proposed Short Minutes of Order (and marked MFI-1) by 4pm on 31 March 2017 or otherwise within three business days of the document coming into existence. (2) The defendants to file and serve any other lay evidence by 31 March 2017. (3) By 31 March 2017, the plaintiff to file and serve his defence to the defendants' cross-claim, together with a statement of claim. (4) The defendants to file and serve their defence to the statement of claim on or before 28 April 2017. (5) By 8 May 2017, the plaintiff to serve any expert valuation evidence to be relied upon, as well as any lay evidence in reply. (6) By 5 June 2017, the defendants to serve any expert valuation evidence to be relied upon. (7) List matter for further directions before the Corporations List Judge on 3 July 2017 at 9.45am. (8) Liberty to restore the matter on three days' notice, such notice to specify the grounds for, and the nature of, the relief sought. (9) The Court notes that the parties have agreed to conduct a private mediation by 30 June 2017 and failing that to approach the Court for Court annexed mediation. (10) The Court notes the agreement of the parties that, in respect of documents produced pursuant to order 1 that relate to customer sales by the third and fourth defendants post 25 October 2016, such documents and information are only to be disclosed in the first instance to the plaintiffs' legal representatives and his retained valuer. (11) The defendant to pay 50 percent of the plaintiffs' costs of the hearing today. Catchwords: PRACTICE AND PROCEDURE – disclosure – Practice Note SC Eq 11 - disclosure sought before service of all evidence – whether plaintiff has established exceptional circumstances necessitating disclosure – where disclosure is required in order to brief an expert valuer Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 233 Uniform Civil Procedure Rules 2005 (NSW), r 21.2 Cases Cited: Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326 Leda Manorstead Pty Limited v Chief Commissioner of State Revenue [2012] NSWSC 913 Leighton International v Hodges; Thiess v Reinforced Earth [2012] NSWSC 458 Naiman Clarke Pty Ltd Atf Naiman Clarke Trust v Marianna Tuccia [2012] NSWSC 314 The Owners Strata Plan SP 69567 v Baseline Constructions Pty Limited [2012] NSWSC 502 Re Mempoll Pty Ltd, Anakin Pty Ltd and Gold Kings (Australia) Pty Ltd [2012] NSWSC 1057 RSA (Moorvale Station) Pty Ltd v VDM CCE Pty Ltd [2013] NSWSC 534 Thiess v Parsons Brinckerhoff Australia [2015] NSWSC 326 Category: Procedural and other rulings Parties: Ryan Sydney McClenaghan (Plaintiff) Edward John McMillan (First Defendant) Bernard Mooney (Second Defendant) Micron Manufacturing Pty Limited (Third Defendant) Micron Group Pty Limited (Fourth Defendant) Representation: Counsel: Mr A Macauley (Plaintiff) Mr A Joseph (Defendants)