National Australia Bank v Sayed (No. 11) [2018] NSWSC 181

National Australia Bank v Sayed (No. 11) [2018] NSWSC 181

Mr Sayed failed to identify any specific documents or categories of documents not already produced by the Bank; thus, no non-compliance with Notices to Produce was demonstrated and the application was dismissed.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Cross Claim, Procedural Application / Interlocutory, Application Regarding Notices to Produce
Outcome
Application dismissed; Notice to Produce dated 20 February 2018 set aside; indemnity costs ordered against Cross-Claimant; restriction on filing further documents without leave.
Legal Topics
['discovery' 'notices to Produce' 'non Compliance With Notices' 'case Management']
['civil Procedure'] ['discovery' 'notices to Produce' 'non Compliance With Notices' 'case Management']

Case Brief

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Procedural Posture

Cross Claim, Procedural Application / Interlocutory, Application Regarding Notices to Produce

Legal Issues

  1. 1 ['Whether there was non-compliance by the Bank with Notices to Produce served by Mr Sayed' 'Whether there was any justification for the further Notice to Produce dated 20 February 2018' 'Whether Mr Sayed identified specific documents not produced as required']

Ratio Decidendi

Mr Sayed failed to identify any specific documents or categories of documents not already produced by the Bank; thus, no non-compliance with Notices to Produce was demonstrated and the application was dismissed.

Court Disposition

Application dismissed; Notice to Produce dated 20 February 2018 set aside; indemnity costs ordered against Cross-Claimant; restriction on filing further documents without leave.

Orders

  • ["Cross-Claimant's Notice to Produce dated 20 February 2018 is set aside." "Cross-claimant's oral application re non-compliance with notices to produce is dismissed." "Cross-Claimant to pay Plaintiff's costs of 23 February 2018 on an indemnity basis." 'Order that the cross-claimant is not to file or serve any...