Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd (No 3) [2019] NSWSC 848

Supreme Court New South Wales

Medium Neutral Citation: Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd (No 3) [2019] NSWSC 848 Hearing dates: On the papers Decision date: 10 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order the plaintiff to pay the second to fourth defendants' costs of the second and fourth defendants' notice of motion filed 30 June 2018. 2. Order the plaintiff to pay the second to fourth defendants' costs of the plaintiff's notice of motion filed 16 April 2019. 3. Grant leave for the plaintiff to have access to documents produced by Gokani & Associates in response to par 1 of the Schedule to the Gokani Subpoena (and contained in packet S7-14/175645). 4. Direct the solicitors for the second to fourth defendants to notify the plaintiff by close of business 12 July 2019 as to whether all documents (assuming there be any) falling within both par 1 of the Schedule to the Gokani Subpoena and another one or more paragraphs of the said Schedule have been included in packet S7-14/175645. 5. If all documents (assuming there be any) falling within both par 1 of the Schedule to the Gokani Subpoena and another one or more paragraphs of the said Schedule have not been included in packet S7-14/175645, then direct the legal representatives of the plaintiff and the second to fourth defendants on or before 19 July 2019 to carry out a joint inspection of the documents contained in packet S6-14/175645 in order to determine which, if any, documents contained in packet S6-14/175645 properly fall within par 1 of the Schedule to the Gokani Subpoena. 6. If there is any dispute as to whether or not any documents contained in packet S6-14/175645 properly fall within par 1 of the Schedule to the Gokani Subpoena and/or whether the plaintiff (as opposed to the plaintiff's legal representatives) should be permitted to have access to any document(s) contained in packet S6-14/175645 but properly also falling within par 1 of the Schedule to the Gokani Subpoena, direct the parties to notify my Associate on or before 10am on 22 July 2019 and the matter will be relisted for directions at 9am on 23 July 2019. 7. Liberty to apply on 48 hours' notice if there is any difficulty in the implementation of Orders 4-6 above. Catchwords: CIVIL PROCEDURE – Costs of notice of motion – Amendment to pleadings – where mixed success – Plaintiff to pay the defendants' costs in circumstances where the defendants successfully resisted significant amendments that went beyond "tidying up"