AMV Australia Pty Ltd v Premier Compensation Lawyers Pty Ltd [2020] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: AMV Australia Pty Ltd v Premier Compensation Lawyers Pty Ltd [2020] NSWSC 446 Hearing dates: 11 March 2020 Date of orders: 29 April 2020 Decision date: 29 April 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Set aside the decision of the Registrar given on 2 December 2019 dismissing the plaintiff's notice of motion filed 31 October 2019.

(2) Order that the respondents give discovery in accordance with Rule 5.3 of the Uniform Civil Procedure Rules 2005 (NSW) of the following documents:

(a) Any document recording, referring to or evidencing the agreement or arrangement pursuant to which, Premier Compensation Lawyers Pty Ltd (PCL) ceased to trade or reduced its trade in the legal firm known as Premier Compensation Lawyers (the "Firm") and Premier Compensation Lawyers (PCLWA) Pty Ltd commenced trading as the Firm;

(b) Any document recording, referring to or evidencing the agreement or arrangement pursuant to which PCLWA assumed the goodwill in the Firm or any other assets of PCL;

(c) Any document recording, referring to or evidencing the agreement or arrangement pursuant to which PCLWA assumed control of files previously conducted by PCL in the Firm;

(d) The Financial Statements, including profit and loss statements and balance sheets for PCL since 1 July 2015 to date and PCLWA since 1 July 2016 to date;

(e) All asset registers of PCL since 1 July 2015 and of PCLWA since 1 July 2016;

(f) All tax returns (including any drafts) for PCL since 1 July 2015 and for PCLWA since 1 July 2016;