McGoldrick v SportsTG Pty Limited [2019] NSWSC 1154

Supreme Court New South Wales

Medium Neutral Citation: McGoldrick v SportsTG Pty Limited [2019] NSWSC 1154 Hearing dates: 3 May 2019 Decision date: 06 September 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) If and to the extent that the defendant identifies that any documents or categories of documents sought for discovery by the plaintiff and ordered by the Court to be discovered on 9 November 2018 and 12 February 2019 are not within the possession of the defendant but which the defendant reasonably believes are or may be within the possession of Spay Inc (or any other related body corporate of the defendant or Spay Inc) or in the possession of any respective directors, officers or employees of such entities (collectively "Other Parties"):

(a) the defendant must request such documents from the Other Parties and thereafter discover all additional documents produced to it by the Other Parties;

(b) on or before 5pm on 4 October 2019, the defendant must file and serve an affidavit by a responsible officer of the defendant with knowledge of what steps the defendant has taken to obtain the documents from the Other Parties, deposing to the efforts made by the defendant to obtain the documents or copies of the documents, including details of each of its requests to any of the Other Parties and the responses thereto; and

(c) The plaintiff pay the reasonable costs of the Other Parties incurred in searching for and producing the said documents to the defendant.

2. The defendant pay the costs of the plaintiff in respect of this notice of motion. Catchwords: CIVIL PROCEDURE – Discovery – Further and better discovery – Sabre order Legislation Cited: Civil Procedure Act 2005 (NSW), s 61 Cases Cited: Bova v Avarti [2009] NSWSC 921 Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2002] FCA 581 Lisec Australia Pty Ltd v Saremach Pty Ltd; Saremach Pty Ltd v Lisec Australia Pty Ltd [2017] NSWSC 1127 Sabre Corp Pty Ltd v Russ Kalvin's Hair Care Co (1993) 46 FCR 428; [1993] FCA 557 Sogelease Australia Limited v Griffin [2003] NSWSC 178 SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 2) (2006) 155 FCR 150 Category: Procedural and other rulings Parties: Glen McGoldrick (Plaintiff) SportsTG Pty Limited (Defendant) Representation: Counsel: D Tynan (Plaintiff) C Withers (Defendant)