Shakil v Goyal [2015] NSWDC 427

District Court New South Wales

Medium Neutral Citation: Shakil v Goyal [2015] NSWDC 427 Hearing dates: 18 November 2015 Date of orders: 18 November 2015 Decision date: 18 November 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Direct the cross-claimant to prepare a list of persons from whom the cross-claimant received payments for migration services in the period 1 July 2011 to 6 September 2013. (2) Order the plaintiff to give discovery of the following categories of documents: (i) All tax returns lodged by the cross-defendant for the financial years ending 30 June 2009 to 30 June 2014 but with the 2014 tax return redacted to exclude reference to income received other than from the cross-claimant. (ii) All documents recording any payment received or fees charged by the cross-defendant, Migration Centre of Australia Pty Ltd, or Oz Immigration Services during the period 6 September 2013 to date from/to any person is named in the list referred to in order (1) hereof. (iii) All documents falling within categories 5, 6, 7 and 8 of Exhibit 1 to the cross-claimant's notice of motion for discovery. (iv) All documents containing confidential information (as defined in cl 31.1 of the contract between the cross-claimant and cross-defendant dated 1 July 2013) copied or removed by the cross-defendant from the premises, as defined in paragraph 3 of the cross-claim, in the period 1 July 2013 to 6 September 2013. (3) Note that in these orders "document" refers to a final version of a document, not to any drafts and includes information stored in either hard copy or electronic form, and includes any part of a document. (4) By consent, orders in accordance with the Short Minutes Order document initialled by me. (5) Order that the parties engage in a formal mediation to occur in May 2016. (6) List the matter for hearing on Monday, 15 August 2016 at 10am before P Taylor SC DCJ with an estimate of 5 days. (7) Order that the costs of the motion be costs in the proceedings save that the cross-claimant shall not be entitled to any costs in respect of the drafting of or correspondence regarding any list of categories of documents prior to the drafting of Exhibit 1. (8) Liberty to the parties to re-list the matter on application to my associate on 7 days' notice. Catchwords: CIVIL PROCEDURE – discovery – wide category – limited relevance - costs Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 42.1, r 42.7 Category: Procedural and other rulings Parties: Farhan Shakil (plaintiff/cross-defendant) Praveen Goyal (first defendant) Neel Kamal Goyal (second defendant) Migration Centre of Australia Pty Ltd (third defendant/cross-claimant) APNA Solutions Pty Ltd (fourth defendant) MCKKR's Pty Ltd (fifth defendant) Representation: Counsel: Mr N Carney with Ms A Avery-Williams (plaintiff/cross-defendant) Mr D Neggo (defendants/cross-claimant)