Gorczynski v W & FT Osmo Pty Limited [2018] NSWSC 1107

Supreme Court New South Wales

Medium Neutral Citation: Gorczynski v W & FT Osmo Pty Limited [2018] NSWSC 1107 Hearing dates: 27 June 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff's amended notice of motion dated 19 March 2018 is dismissed.

(2) The plaintiff is to pay the respondents' costs on an ordinary basis. Catchwords: PRACTICE AND PROCEDURE- Preliminary discovery- whether plaintiff has confined orders sought for disclosure, discovery and production to a defined time period - whether plaintiff has defined the specific category of documents required - respondents not required to provide preliminary discovery Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gorczynski v W & FT Osmo Pty Ltd [2010] NSWCA 163 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2008] FCAFC 133 Wright Medical Australia Pty Limited v Johnston [2017] NSWSC 761 Category: Procedural and other rulings Parties: Peter Francis Gorczynski (Plaintiff) W & FT Osmo Pty Limited (First Respondent) Michelle Sarah Hale (Second Respondent) Tammy Meyer (Third Respondent) Robert Ebner (Fourth Respondent) Vadim Topolinsky (Fifth Respondent) Bradd Morelli in his capacity as liquidator of TOP Consulting OSMO Group Pty Ltd (Sixth Respondent) Representation: Counsel: M Luitingh (Plaintiff) J O'Sullivan (Second, Third & Fourth Respondents) C Lambert (Fifth Respondent)