EDT Global Pty Ltd & Anor v Entire Building Solutions Pty Ltd & Anor [2017] NSWDC 51

EDT Global Pty Ltd & Anor v Entire Building Solutions Pty Ltd & Anor [2017] NSWDC 51

Because discovery had already been given by agreement and court order, it was not permissible for the defendants to seek further discovery through notices to produce; the appropriate procedure would be to request further discovery if necessary.

Parties
First Plaintiff: EDT Global Pty Ltd t/as EDT Global Pty Ltd; Second Plaintiff: EDT Networks Pty Ltd; First Defendant: Entire Building Solutions Pty Ltd t/as Entire Building Solutions Pty Ltd; Second Defendant: Peter Burke
Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Civil / Procedural Ruling
Outcome
Notices to produce served upon each of the plaintiffs and filed on 11 November 2016 are set aside.
Legal Topics
Discovery, Notice to Produce, Subpoena, Costs
Practice and Procedure Discovery Notice to Produce Subpoena Costs

Case Brief

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Parties

EDT Global Pty Ltd t/as EDT Global Pty Ltd

First Plaintiff

EDT Networks Pty Ltd

Second Plaintiff

Entire Building Solutions Pty Ltd t/as Entire Building Solutions Pty Ltd

First Defendant

Peter Burke

Second Defendant

Procedural Posture

Civil / Procedural Ruling

Legal Issues

  1. 1 Whether a notice to produce can be used to obtain further discovery when discovery has already been given
  2. 2 Whether the origin/nationality of supplied personnel is a relevant issue in the dispute

Ratio Decidendi

Because discovery had already been given by agreement and court order, it was not permissible for the defendants to seek further discovery through notices to produce; the appropriate procedure would be to request further discovery if necessary.

Court Disposition

Notices to produce served upon each of the plaintiffs and filed on 11 November 2016 are set aside.

Orders

  • The notices to produce served upon each of the plaintiffs and filed on 11 November 2016 are set aside.
  • Order the defendants to pay the plaintiffs' costs.