Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 5) [2018] NSWSC 1744

Supreme Court New South Wales

Medium Neutral Citation: Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 5) [2018] NSWSC 1744 Hearing dates: 9 November 2018 Date of orders: 15 November 2018 Decision date: 15 November 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Grant leave to the cross-claimant to issue a Notice to Produce directed to the first cross-defendant in terms of paragraph 4 of Exhibit "SG – 1" attached to the affidavit of Sergey Gorval dated 5 October 2018. (2) Stand the balance of the Notice of Motion filed on 5 October 2018 over to 22 November 2018. (3) Reserve the question of costs. Catchwords: CIVIL PROCEDURE – Notice of Motion – whether cross-claimants should be allowed to seek production of documents – 18 categories of document – too broad – relating to, concerning or pursuant to the rental payment agreement – purpose of investigation – no satisfactory or permissible explanation - leave granted to part of Exhibit attached to affidavit Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 ss 18, 326 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Reliance Medical Practice Pty Ltd trading as ATF Reliance Medical Practice Trust (First Cross-Claimant) Rodney John Beckwith (Second Cross-Claimant) Voice Print & Data Australia Pty Ltd (First and Third Cross-Defendants) Christian Altenburg (Second Cross-Defendant) BHD Leasing Pty Ltd (Sixth Cross-Defendant) Representation: Counsel: G A Moore (Cross-Claimants) A J H Morris QC with I Erskine (First and Third Cross-Defendants) A F Fernon (Second Cross-Defendant) L W Chan (Sixth Cross-Defendant)