Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 729

Supreme Court New South Wales

Medium Neutral Citation: Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 729 Hearing dates: 05/06/2017 Date of orders: 07 June 2017 Decision date: 07 June 2017 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Each notice of motion dismissed with costs. Reserve liberty to apply. Catchwords: PRACTICE AND PROCEDURE – discovery – further and particular discovery is – whether discovery given was inadequate – whether documents sought are relevant to pleaded issues – whether documents sought are in the power of a party – whether parties had taken reasonable steps to discover documents Legislation Cited: Civil Procedure Act 2005 (NSW) Civil Procedure Act 2010 (Vic) Evidence Act 1995 (NSW) Supreme Court (General Civil Procedure) Rules 2015 (Vic) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bova v Avati [2009] NSWSC 921 Compare Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2002] FCA 581 Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Co (1882) 11 QBD 55 at 63 (Brett LJ) Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2002] FCA 581 Lonrho Ltd v Shell Petroleum Co Ltd [1980] 1 WLR 627 Mulley v Manifold (1959) 103 CLR 341 Perpetual Trustees Co Ltd v Burniston [2012] WASC 26 Players Pty Ltd (In Liq) (Receivers Appointed) v Clone Pty Ltd [2015] SASC 133 Sabre Corporation Pty Ltd v Russ Kalvin's Hair Care Company (1993) 46 FCR 428 SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No. 2) (2006) 155 FCR 150.