The Good Living Company Pty Limited atf The Warren Duncan Trust No. 3 v Kingsmede Pty Limited [2017] NSWSC 641

Supreme Court New South Wales

Medium Neutral Citation: The Good Living Company Pty Limited atf The Warren Duncan Trust No. 3 v Kingsmede Pty Limited [2017] NSWSC 641 Hearing dates: 18 May 2017 Decision date: 18 May 2017 Before: Hammerschlag J Decision: Within ten days, the defendants must give discovery to the plaintiffs of all documents that are or have been in their possession and relate to whether or not the plaintiffs are entitled to make a claim for relief Catchwords: PRACTICE AND PROCEDURE – Preliminary discovery – Uniform Civil Procedure Rules 2005 (NSW) Part 5 Rule 5.3(1) – where the plaintiffs have satisfied the requirement of showing they may have a claim – UNCONSCIONABILITY – Australian Consumer Law 2010 (Cth) ss 20(1), 236– whether calling on a bank guarantee without a basis can constitute unconscionable conduct – whether the plaintiffs are persons who may have suffered damage because of the defendants' conduct. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Australian Consumer Law 2010 (Cth) Cases Cited: Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506 St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 Pioneer Energy Holdings v Seth [2014] NSWSC 492 Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 58 Ceresola TLS AG v Thiess Pty Ltd & John Holland Pty Ltd [2011] QSC 115 Category: Procedural and other rulings Parties: The Good Living Company Pty Limited atf The Warren Duncan Trust No. 3 - First Plaintiff Kimana Pty Ltd - Second Plaintiff Kingsmede Pty Limited - First Defendant Pamiers Pty Ltd - Second Defendant Representation: Counsel: D.S. Weinberger - First and Second Plaintiffs T. Maltz - First and Second Defendants