The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 9) [2021] NSWSC 714

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 9) [2021] NSWSC 714

The dispute about the Notice to Produce was resolved by allowing or disallowing the categories in the attached Schedule; because Mr Murray was substantially successful in that exercise, the defendants were entitled to their costs of the Notice of Motion filed 14 May 2021.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Equity Commercial List; Procedural Ruling Concerning Disclosure and Notice to Produce / Defendants' Notice of Motion Filed 14 May 2021 Seeking to Set Aside Plaintiffs' Notice to Produce of 16 April 2021
Outcome
Defendants to respond to Notice to Produce as set out in the attached Schedule; plaintiffs to pay defendants' costs of the Notice of Motion filed 14 May 2021.
Legal Topics
['disclosure' 'notice to Produce' 'costs']
['practice and Procedure'] ['disclosure' 'notice to Produce' 'costs']

Case Brief

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Procedural Posture

Equity Commercial List; Procedural Ruling Concerning Disclosure and Notice to Produce / Defendants' Notice of Motion Filed 14 May 2021 Seeking to Set Aside Plaintiffs' Notice to Produce of 16 April 2021

Legal Issues

  1. 1 ["Whether the defendants should be required to respond to the plaintiffs' Notice to Produce of 16 April 2021, and to which categories of documents." "Whether the plaintiffs should pay the defendants' costs of the Notice of Motion filed 14 May 2021."]

Ratio Decidendi

The dispute about the Notice to Produce was resolved by allowing or disallowing the categories in the attached Schedule; because Mr Murray was substantially successful in that exercise, the defendants were entitled to their costs of the Notice of Motion filed 14 May 2021.

Court Disposition

Defendants to respond to Notice to Produce as set out in the attached Schedule; plaintiffs to pay defendants' costs of the Notice of Motion filed 14 May 2021.

Orders

  • ["Order that the defendants respond to the plaintiffs' Notice to Produce of 16 April 2021 in accordance with the decisions recorded in the Schedule attached to these reasons." "Order that the plaintiffs pay the defendants' costs of the defendants' Notice of Motion filed 14 May 2021."]