Telstra Corporation Limited v ACN 155 795 930 Pty Limited [2019] NSWDC 322

District Court New South Wales

Medium Neutral Citation: Telstra Corporation Limited v ACN 155 795 930 Pty Limited [2019] NSWDC 322 Hearing dates: 20 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: 1. The plaintiff's motion filed on 17 May 2019 is dismissed; 2. Order the plaintiff to pay the defendant's costs of the motion; 3. Order that the exhibits and the MFIs on the motion be returned. 4. Extend time for the plaintiff to serve its expert evidence to 2 July 2019. 5. Extend time for the parties to participate in an informal settlement conference to 5 July 2019. Catchwords: PROCEDURAL – summary judgment – need for further evidence and further submissions of law – application refused

PROCEDURAL – separate determination of questions – disagreement about form of questions – no savings in time or expense – application refused

PROCEDURAL – security for costs of cross-claim – trial due to start in near future – impecuniosity of cross-claimant apparent for a long time – timing of application for security – application refused Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Bass v Permanent Trustee Co Ltd 198 CLR 334 Dey v Victorian Railways Commissioner 78 CLR 62 FanCourt v Mercantile Credits Ltd 154 CLR 887 General Steel Industries v Commissioner for Railways (NSW) 112 CLR 125 Southern Cross Exploration NL v Fire & All Risks Insurance Co Ltd (1985) 1 NSWLR 114 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd 22 ACSR 130 Category: Procedural and other rulings Parties: Telstra Corporation Limited (Plaintiff) ACN 155 795 930 Pty Limited (Defendant) Representation: Counsel: A Ahmad (Plaintiff) B Michael (Defendant)