Sayour v Elliot [2017] NSWSC 713

Supreme Court New South Wales

Medium Neutral Citation: Sayour v Elliot [2017] NSWSC 713 Hearing dates: 26 April 2017 Decision date: 06 June 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Order the plaintiffs within 21 days to answer the request for particulars contained in the following paragraphs of the first defendant's revised request for particulars issued on 5 May 2017 (as indicated in the reasons for judgment on the present applications): 7, 9, 11, 12-22, 28, 29(a), 30, 31(a), 32, 34-39; as well as the particulars referred to at [85] of these reasons. (2) Set aside the notice to produce addressed to Ms Yesmine Sayour but direct the plaintiffs to produce within 21 days email communications on Jamil's work email account with Biomed Australia Technology between Mr Deiri and Jamil in relation to payments made to or received by Jamil from Mr Deiri or Broadway Plaza Investments Pty Ltd or out of any partnership account between Broadway Plaza Investments Pty Ltd and Broadway Plaza Pty Ltd, from November 2014 to October 2015. (3) Order the first defendant to produce within 21 days: (a) the documents identified in category [1] of the plaintiffs' notice to produce issued on 21 March 2017, limited as indicated in these reasons for judgment, and (b) (in a sealed envelope access to which is not to be granted to the plaintiffs without further order) the documents sought in categories [4] and [5] of that notice to produce (again, limited as indicated in these reasons). (4) Otherwise set aside the plaintiffs' notice to produce issued on 21 March 2017. (5) List the matter before me at 9.30am on 28 June 2017 for further directions including as to listing for hearing the balance of the first defendants' notice of motion filed 17 March 2017, and/or the plaintiff's motion for default judgment, if either is pressed. (6) Each party pay her, his or its own costs of the applications heard on 26 April 2017. Catchwords: PRACTICE AND PROCEDURE – request for particulars – whether plaintiff should provide further particulars