Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2018] NSWSC 1785

Supreme Court New South Wales

Medium Neutral Citation: Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2018] NSWSC 1785 Hearing dates: 20 November 2018 Date of orders: 20 November 2018 Decision date: 20 November 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) The hearing date is adjourned. (2) The sixth defendant is to provide supplementary discovery in verified form in accordance with my reasons, on or before 3 December 2018. (3) The plaintiff is to provide proposed further directions for the exchange of evidence necessitated by the adjournment, on or before 6 December 2018. (4) List the matter for further directions before the Registrar at 9:00am on 11 December 2018 for the purpose of fixing a fresh hearing date.

Note: it is my intention, in making order (4) that the hearing date should be fixed, regardless of whatever timetable the Registrar thinks is appropriate, or is agreed between the parties. If there is a dispute, doubtless the Registrar will sort it out.

(5) The sixth defendant is to pay the plaintiff's costs thrown away by reason of the adjournment. Catchwords: CIVIL PROCEDURE – application for an adjournment – no issue of principle – change in position – needs to be telegraphed – recovery of a commercial debt – assignment of a chose in action – notice of assignment – future property – whether the equitable assignment is effective – modern approach to civil litigation – adjournment granted

CIVIL LITIGATION – discovery – no issue of principle - classes or categories of documents – specific categories – unverified form – waiver of requirement of verification – omitted documents – not withheld deliberately – supplementary discovery to be verified in accordance with the Rules