Commonwealth Bank of Australia v Iinvest Pty Limited (in liquidation) (No 8) [2017] NSWSC 401

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Iinvest Pty Limited (in liquidation) (No 8) [2017] NSWSC 401 Hearing dates: 16 March 2017 Date of orders: 16 March 2017 Decision date: 16 March 2017 Jurisdiction: Common Law Before: Campbell J Decision: The cross-claimants are to pay 80 per cent of the bank's costs of and incidental to the notice of motion filed on 13 March 2017. Catchwords: CIVIL PROCEDURE – production of and calls for documents – where discovery has been previously agreed between the parties – where the bank's paper files have been digitised – legitimate forensic purpose test

CIVIL PROCEDURE – further amendment of cross-claim – held that the proposed amendment represents a shift in the cross-claimants' case – findings of generality and embarrassment in the pleadings Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: R v Baladjam & Ors [No 37] [2008] NSWSC 1457 R v Saleam [1999] NSWCCA 86 Category: Procedural and other rulings Parties: James Harker-Mortlock (Applicant) J H M Pty Ltd (Second Applicant)

Iinvest Pty Ltd (in liquidation) (First Respondent) Commonwealth Bank of Australia (Second Respondent) Representation: Counsel: P King (Applicant) Ms Cheeseman SC with J White (Respondent)

Solicitors: Dentons Australia (Applicant) Roderick Storie Solicitors (Respondent) File Number(s): 2013/00108514 Publication restriction: Nil