Commonwealth Bank of Australia v Goater & Ors [2017] NSWSC 418

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Goater & Ors [2017] NSWSC 418 Hearing dates: 28 February 2017 Decision date: 20 April 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Dismiss the cross-claimants' notice of motion filed 27 January 2017. (2) Subject to an application being made in writing to my Associate within seven days of the date of this judgment for a different order, order the cross-claimants to pay the second cross-defendant's costs of the motion. Catchwords: PRACTICE AND PROCEDURE – application for discovery – categories of documents in respect of which order for discovery sought not relevant to facts in issue or relevant only to credibility – application dismissed Legislation Cited: Bankruptcy Act 1966 (Cth), s 40(1)(g) Civil Procedure Act 2005 (NSW), ss 56-60 Uniform Civil Procedure Rules 2005 (NSW), r 21.2 Cases Cited: Commonwealth Bank of Australia v Goater [2014] NSWSC 652 Commonwealth Bank of Australia v Goater [2016] NSWSC 710 Giles v Commonwealth (No 2) [2014] NSWSC 1531 Goater v Commonwealth Bank of Australia [2014] NSWCA 382 Goater v Moree Plains Shire Council [2016] FCAFC 135 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: Mr N Hill (Solicitor) (First and Second Defendants/Cross-Claimants) Mr S L Bell (Second Cross-Defendant)