Gooley & Ors v Breda Pty Ltd & Ors [2017] NSWSC 817

Supreme Court New South Wales

Medium Neutral Citation: Gooley & Ors v Breda Pty Ltd & Ors [2017] NSWSC 817 Hearing dates: 8 February 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Equity Before: Slattery J Decision: Orders for preliminary discovery made under UCPR, r 5.3 in several of the categories sought. Directions made for the bringing in of short minutes of order and the disposition of any outstanding costs issues. Catchwords: CIVIL PROCEDURE – application for preliminary discovery under UCPR, r 5.3 – family companies – plaintiffs shareholders in, but not current directors of, several family companies holding substantial real estate – whether plaintiffs entitled to an order for preliminary discovery - whether plaintiffs have already decided to commence proceedings – whether plaintiffs' case was weak and whether its alleged weakness is a relevant consideration in the exercise of the Court's discretion to order preliminary discovery – whether sufficient evidence adduced of the plaintiffs' potential causes of action to ground UCPR, r 5.3 relief. Legislation Cited: Civil Procedure Act, ss 56, 57 and 58 Corporations Act 2001 (Cth), 247A Guardianship Act, Part 3A, s 25E NSW Trustee and Guardian Act 2009 Real Property Act 1900 Uniform Civil Procedure Rules 2005 (NSW), rr 5.2, 5.3 Cases Cited: Hatfield v TCN Channel Nine Pty Ltd (2010) 77 NSWLR 506 Lahoud v Hooper (No 2) [2015] NSWSC 1405 Morton v Nylex [2007] NSWSC 562 Pritchard Lees Pty Ltd v Cathleen Heather [2013] NSWSC 1521 Re Motasea Pty Ltd (2014) 97 ACSR 589 St George Bank Limited v Rabo Australia Ltd (2004) 211 ALR 147 The Age Company Ltd v Liu (2013) 82 NSWLR 268 Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 917 Category: Procedural and other rulings Parties: First Plaintiff: Brett Raymond Gooley Second Plaintiff: Finbob Pty Ltd ACN 003 945 480, as trustee for the KB Trust Third Plaintiff: Janine Ruth Gooley First Defendant: Breda Pty Ltd ACN 000 399 002 Second Defendant: Decahill Pty Ltd ACN 003 753 713 Third Defendant: Dama Enterprises Pty Ltd ACN 000 604 071 Fourth Defendant: Barton Press Pty Ltd 000 891 976 Fifth Defendant: Goold Enterprises Pty Ltd 01 339 546 Sixth Defendant: Melville William Gooley, by his tutoras Melinda Louise Foley & Aleta Joy Gooley Seventh Defendant: Melinda Louise Foley Eighth Defendant: Aleta Joy Gooley, also known as Aleta Joy Kinsella Representation: Counsel: