Wild v McKay [2018] NSWSC 1400

Supreme Court New South Wales

Medium Neutral Citation: Wild v McKay [2018] NSWSC 1400 Hearing dates: 6 September 2018 Decision date: 06 September 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. The defendants produce the documents sought in the notice to produce dated 6 July 2018 to the Court within seven days. 2. Access to the documents be restricted to the legal representatives of the parties and their expert witnesses until further order of the Court. 3. The defendants are to make any application to limit access on a basis different to the usual implied undertaking within 14 days. 4. If no application is filed within the Court within 14 days, the parties are to have general access to the documents and order 2 is vacated. 5. The defendants are to pay the plaintiffs' costs of the motion. 6. There is liberty to apply on three days' notice. Catchwords: CIVIL PROCEDURE – discovery – objection to inspection – expert report – where expert report referred to undiscovered documents – where expert claimed confidentiality over documents – parties agree documents should be produced – costs – where problem all within defendants' side of the matter – fairness dictates defendants should pay plaintiffs' costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 68 Uniform Civil Procedure Rules 2005 (NSW) Sch 7 Category: Procedural and other rulings Parties: John Donald Wild (First plaintiff) Vicky Wild by her tutor John Donald Wild (Second plaintiff) J K T B Pty Ltd (Third plaintiff) Douglass James Suttor McKay (First defendant) BBSO Pty Limited (Second defendant) Representation: Counsel: Mr D Macfarlane (Plaintiff) Ms L Schumacher (Defendants)