Commonwealth Bank of Australia v Daleport Pty Limited (in receivership) (No 3) [2017] NSWSC 1584

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Daleport Pty Limited (in receivership) (No 3) [2017] NSWSC 1584 Hearing dates: 21, 22 March 2017 Decision date: 21 November 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff ordered to provide discovery of the documents specified in items 7, 9, 10, 11, 31-37, 39, 43-48, 54 and 60 in Mr Auty's report; parties directed to bring in short minutes within 3 days addressing future steps in the proceedings Catchwords: CIVIL PROCEDURE – discovery – proceedings to enforce loan facilities – where pleadings raise an issue as to whether by reason of its own shortage of funds or a shortage of funds in its parent company the lender was unwilling or unable to advance or loan funds to commercial borrowers – whether that issue is a "real issue in dispute" – breadth of discovery request – requirement to consider proportionality of costs in assessing relevance or necessity of documents sought Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 59, 60 Trade Practices Act 1974 (Cth), s 87 Uniform Civil Procedure Rules 2005 (NSW), r 21 Cases Cited: Bank of Western Australia v Daleport [2010] NSWSC 1207 Boyle v Downs [1979] 1 NSWLR 192 Commonwealth Bank of Australia v Daleport Pty Ltd [2013] NSWSC 981 Commonwealth Bank of Australia v Daleport Pty Ltd (in receivership) (No 2) [2015] NSWSC 1746 Commonwealth Bank of Australia v Goater [2016] NSWSC 710 Daleport Pty Ltd v Bank of Western Australia Ltd [2012] NSWCA 402 Leighton International v Hodges [2012] NSWSC 458 Percy v General Motors-Holden's Pty Ltd [1975] 1 NSWLR 289 Trade Practices Commission v CC (New South Wales) Pty Ltd (No 4) (1995) 58 FCR 426 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (plaintiff) Daleport Pty Ltd (in receivership) (first defendant) Alexander Raymond Walton (second defendant) Representation: Counsel: T Castle (plaintiff) N Obrart (defendants)