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[2024] NSWSC 1549

Cox v Australia and New Zealand Banking Group Limited

Orders made for preliminary discovery

Catchwords

CIVIL PROCEDURE – preliminary discovery – where plaintiffs may have cause of action against financial adviser – where plaintiffs seek non-party discovery – where defendant does not oppose orders sought

Legislation cited

  • Uniform Civil Procedure Rules 2005 (NSW)

Judgment

  1. [1]

    This is a very clear case for the making of an order under Uniform Civil Procedure Rules 2005 (NSW), r 5.4, for non-party discovery.

  2. [2]

    The plaintiffs, who are a mother and daughter, apprehend that they have been defrauded by their financial adviser.

  3. [3]

    They seek non-party discovery from the financial adviser’s bank of statements and other records which may enable the plaintiffs to understand what has become of funds that they placed with the financial adviser for investment.

  4. [4]

    Appropriately, the bank took a neutral stance and neither consented to nor opposed the orders sought.

  5. [5]

    I made those orders on 2 December 2024.

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.