ICAP Australia Pty Ltd v Howell; GFI Australia Pty Ltd v Cotton [2019] NSWSC 1024

Supreme Court New South Wales

Medium Neutral Citation: ICAP Australia Pty Ltd v Howell; GFI Australia Pty Ltd v Cotton [2019] NSWSC 1024 Hearing dates: 9 August 2019 Decision date: 13 August 2019 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Notice to produce set aside. Direct that evidence be served in the order contended for by the second defendant. Catchwords: CIVIL PROCEDURE – notice to produce under Uniform Civil Procedure Rules 2005 (NSW) r 21.10 – where documents sought not specifically referred to nor clearly identified in pleading or affidavit – notice to produce set aside

CIVIL PROCEDURE – discovery – Practice Note SC Eq 11 – court rules not to be used to bypass procedure in Practice Note regarding orders for discovery

CIVIL PROCEDURE – court administration – overriding purpose – where documents sought by notice to produce will inevitably be adduced in evidence – parties and legal representatives to have regard to the overriding purpose of civil procedure rules and avoid interlocutory skirmishes Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: In the matter of Mempoll Pty Ltd, Anakin Pty Ltd and Gold Kings (Australia) Pty Ltd [2012] NSWSC 1057 Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188 Welker v Rinehart (No 8) [2012] NSWSC 588 Texts Cited: Practice Note SC Eq 11 Category: Procedural and other rulings Parties: In 2018/148259: ICAP Australia Pty Ltd (First Plaintiff) ICAP Brokers Pty Ltd (Second Plaintiff) Bradley Howell (First Defendant) John Kalaf (Second Defendant) GFI Australia Pty Ltd (Third Defendant)