UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2017] NSWSC 558

Supreme Court New South Wales

Medium Neutral Citation: UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2017] NSWSC 558 Hearing dates: 26 April 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Equity Before: Robb J Decision: Decision of Senior Deputy Registrar Brown dated 10 April 2017 affirmed. Defendant's notice of motion dismissed with costs. Catchwords: PROCEDURE – Civil proceedings in State and Territory courts – Procedural aspects of evidence – Other matters – Application to access documents on court file in different proceedings – Where registrar rejected application – Application for review of registrar's decision – Principles relevant to application to access court file in different proceedings – Application of Uniform Civil Procedure Rules r 33.13 and Practice Note SC Gen 2 – Meaning of 'parties' in Practice Note SC Gen 2. Legislation Cited: Uniform Civil Procedure Rules rr 33.13, 49.19 Practice Note SC Gen 2 pars 4, 6, 7, 17 Cases Cited: Alister v R (1984) 154 CLR 404 Ashby v Slipper (No 2) [2016] FCA 550 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 R v Saleam [1999] NSWCCA 86 Re Estate of Falco; Falco v Lambert (No 3) [2015] NSWSC 1343 Re Estate of Gowing; Application for Executor's Commission [2014] NSWSC 247 Category: Procedural and other rulings Parties: UTSG Pty Ltd (plaintiff/respondent) Gwynvill Properties Pty Ltd (defendant/applicant) Representation: Counsel: P Doyle Gray/J Zmood (defendant/applicant) Solicitors: Atkinson Vinden Lawyers (defendant/applicant) File Number(s): 2016/107784 Publication restriction: None