Ottoway Engineering Pty Ltd (administrators appointed) v Pooncarie Operations Pty Ltd [2018] NSWSC 1775

Supreme Court New South Wales

Medium Neutral Citation: Ottoway Engineering Pty Ltd (administrators appointed) v Pooncarie Operations Pty Ltd [2018] NSWSC 1775 Hearing dates: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Production of the documents sought by the plaintiff allowed (at [17]). Production of the first category of documents sought by the defendant not allowed (at [23]). Production of the second category of documents sought by the defendant allowed (at [27]). Catchwords: CIVIL PROCEDURE — notices to produce — where both parties issued notices to produce in respect of pending hearing of an application for security for costs — whether it is "on the cards" that production under notice will materially assist on an identified issue Cases Cited: Alister v R [1984] HCA 85; (1984) 154 CLR 404 Forest Pty Ltd v Keen Bay Pty Ltd (1991) 4 ACSR 107 ICAP Pty Ltd v Moebes [2009] NSWSC 306 Rinehart v Rinehart [2018] NSWSC 1102 Save the Ridge Inc v Commonwealth of Australia [2004] FCA 1289 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 88 ALR 90 Category: Procedural and other rulings Parties: Ottoway Engineering Pty Ltd (administrators appointed) (Plaintiff/Respondent) Pooncarie Operations Pty Ltd (Defendant/Applicant) Representation: Counsel: M Sheldon (Plaintiff/Respondent) P Santucci (Defendant/Applicant)