Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre (No 3) [2017] NSWSC 1373

Supreme Court New South Wales

Medium Neutral Citation: Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre (No 3) [2017] NSWSC 1373 Hearing dates: 29 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Common Law Before: Bellew J Decision: See [12] Catchwords: PRACTICE AND PROCEDURE – Application for leave to administer interrogatories – Whether to exercise discretion to dispense with operation of rule – Whether special reasons to justify order – Confusion as to identity of person in tendered documents – Application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre (No 1) [2017] NSWSC 1371 Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre (No 2) [2017] NSWSC 1372 Category: Procedural and other rulings Parties: Gengiz Capar – Plaintiff SPG Investments Pty Limited t/a Lidcombe Power Centre – First defendant Business Protection Group Pty Limited – Second defendant / first cross-claimant The Workers Compensation Nominal Insurer – Third defendant R.W. O'Brien and Associates Pty Ltd – Third cross-defendant Representation: Counsel: D R Campbell SC and JJ Ryan – Plaintiff D D Feller SC – First defendant R Cheney SC – Second defendant S A Flett – Third defendant N Polin SC – Third cross-defendant