Bassal v Savills (NSW) Pty Ltd (No 3) [2017] NSWSC 911

Supreme Court New South Wales

Medium Neutral Citation: Bassal v Savills (NSW) Pty Ltd (No 3) [2017] NSWSC 911 Hearing dates: 4 July 2017 Date of orders: 11 July 2017 Decision date: 11 July 2017 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) The defendant's Amended Notice of Motion of 2 June 2017 is dismissed. (2) Within seven days the defendant is to provide the documents requested by the plaintiffs, being the discovered documents and those referred to in the defendant's Notice to Admit Facts and Documents. (3) The plaintiffs are to pay the defendant's costs of the Notice of Motion. Catchwords: PRACTICE AND PROCEDURE – defendant's motion concerning plaintiffs' representation and to set aside subpoenas and Notice to Produce – matters resolved by parties before hearing of motion – only outstanding issue costs of the motion – order that the plaintiffs pay costs of the motion. Legislation Cited: Supreme Court Act 1970 (NSW) – s 23 Uniform Civil Procedure Rules 2005 (NSW) – Pt 33.4, 34.2 Cases Cited: Bettergrow Pty Ltd v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid [2017] NSWSC 658 Buses + 4WD Hire Pty Limited v Oz Snow Adventures Pty Limited [2016] NSWSC 1017 Category: Costs Parties: Terry Bassal – First Plaintiff Albert Moutalb Bassal – Second Plaintiff Savills (NSW) Pty Limited – Defendant Representation: Counsel: Mr L Chapman – Plaintiffs Mr M McCulloch SC/Mr T Marskell – Defendant