Wright Medical Australia Pty Limited v Johnston [2017] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: Wright Medical Australia Pty Limited v Johnston [2017] NSWSC 761 Hearing dates: 16 March 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Equity Before: Hallen J Decision: The parties are to provide either agreed, or competing, draft orders, to give effect to these reasons within 21 days of the date of this judgment, or such further time as may be directed having regard to the likely need for a confidentiality regime, including as to the terms of the preliminary discovery order and as to costs. Catchwords: PRACTICE & PROCEDURE – Preliminary discovery - Whether applicant/Plaintiff lacks sufficient information to decide whether to institute proceedings - Whether applicant/Plaintiff had made reasonable inquiries – Whether sufficient information available to applicant/Plaintiff prior to application for preliminary discovery - Whether categories of preliminary discovery sought too wide – Order made for limited preliminary discovery – Parties to consider confidentiality regime and return of documents if proceedings not commenced Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Interpretation Act 1987 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Aus Steel Pty Ltd v Marco Properties Pty Ltd [2014] NSWSC 550 Bianca Hope Rinehart v Georgina Hope Rinehart [2015] NSWSC 205 BJ Bearings Pty Ltd v Whitehead [2016] VSC 44 Contour Building and Construction Pty Ltd v Kerr [2008] NSWSC 883 Fantid Pty Ltd v Jinyi Xing [2011] NSWSC 401 Glezer v Deals.com.au [2014] VSC 202 Hatfield v TCN Channel Nine Ply Ltd [2010] NSWCA 69 Ian Edward Morton v Nylex Ltd [2007] NSWSC 562 Kevin Young v The Neil Jenman Group Pty Limited [2015] NSWSC 1908 Liu v The Age Company Limited [2016] NSWCA 115 Murray v Wheeler [2013] NSWSC 137 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2008] FCAFC 133 Papaconstuntinos v Holmes à Court [2006] NSWSC 945 RinRim Pty Limited v Deutsche Australia Limited [2013] NSWSC 1762 Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 393 Category: Procedural and other rulings Parties: Wright Medical Australia Pty Limited (Plaintiff) Colin Johnston (First Defendant) Bradley James Ryan (Second Defendant) CAB Medical Pty Ltd (Third Defendant) Representation: Counsel: Mr S R Meehan (Plaintiff) Mr T Flaherty (Defendants)