Kaji Australia Pty Ltd v Glover (No. 2) [2018] NSWSC 414

Supreme Court New South Wales

Medium Neutral Citation: Kaji Australia Pty Ltd v Glover (No. 2) [2018] NSWSC 414 Hearing dates: 28 February 2018 & 8 March 2018 Date of orders: 09 April 2018 Decision date: 09 April 2018 Jurisdiction: Common Law Before: Davies J Decision: The defendant/cross-claimant's notice of motion filed 15 February 2018 is dismissed. Catchwords: CIVIL PROCEDURE - discovery - affidavit of documents - form and contents - further and better discovery - whether reasonable search undertaken – application to cross-examine deponent on affidavit of discovery – where further affidavit provided – subpoena to be issued by deponent in relation to documents formerly in his possession - challenge to deponent's credibility – order for cross-examination refused Legislation Cited: Australian Consumer Law (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Fair Trading Act 1987 (Cth) Cases Cited: Dai v Zhu [2013] NSWCA 412 Preston v Star City Pty Ltd [2007] NSWSC 293 Proctor & Gamble v Medical Research [2001] NSWSC 183 Texts Cited: Nil Category: Procedural and other rulings Parties: Kaji Australia Pty Ltd (First Plaintiff) William Bradley Webster (Second Plaintiff) Johann Benson Glover (Defendant/Cross-Claimant) Mercia Financial Solutions Pty Ltd (Third Cross-Defendant) Richard Nicholson (Fourth Cross-Defendant) Rodney Shields (Fifth Cross-Defendant) Representation: Counsel: J McVittie (Plaintiffs) R Newell (Defendant/Cross-Claimant) D Lloyd (Third and Fourth Cross-Defendants) R Shields (Fifth Cross-Defendant)