James v Australia and New Zealand Banking Group Limited [2019] NSWCA 70

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: James v Australia and New Zealand Banking Group Limited [2019] NSWCA 70 Hearing dates: 27 March 2019 Date of orders: 27 March 2019 Decision date: 12 April 2019 Before: McCallum JA at [1] Sackville AJA at [15] Decision: 1. By consent, within 14 days, the respondent is to provide a response in the nature of a pleading to the "particulars of representation by silence by ANZ" document dated 7 December 2018.

2. The summons seeking leave to appeal filed 12 March 2019 is dismissed.

3. The applicant is to pay the respondent's costs. Catchwords: CIVIL PROCEDURE – summons seeking leave to appeal against decision refusing application for disclosure of documents and leave to issue subpoenas – whether documents were necessary for the resolution of the real issues in dispute – finding by primary judge that the need for disclosure was obviated by a concession made by the respondent – no error or injustice established Legislation Cited: Practice Note SC Eq 11 Supreme Court Act 1970 (NSW), s 101(2)(e) Cases Cited: Australia and New Zealand Banking Group Limited v James (No 2) [2019] NSWSC 59 Harvey v Phillips (1956) 95 CLR 235; [1956] HCA 27 Category: Procedural and other rulings Parties: David Anthony James (applicant) Australia and New Zealand Banking Group Limited (respondent) Representation: Counsel: Mr D Pritchard SC, Mr J Baird (applicant) Mr R Foreman, Ms K Boyd (respondent)