Andrew O’Brien KC (leading A M Campbell) represented the first and third to sixth defendants, instructed by Bartley Cohen Law.
The defendants applied for orders under r 223(1) of the Uniform Civil Procedure Rules 1999 for the plaintiffs to make further and better disclosure of seven categories of documents. The plaintiffs opposed the disclosure application on three overarching bases: legal professional privilege, relevance, and non-existence and/or destruction.
Muir J ordered that the plaintiffs disclose the category 5 documents (‘financial documents’), to the extent they had not already been disclosed. The plaintiffs had conceded the documents’ relevance, and her Honour considered disclosure would assist the just and expeditious resolution of the real issues in dispute, particular given the impending trial date. Her Honour dismissed the application for the other six categories of documents.
The judgment can be read by clicking here
