Norris v Kandiah [2007] NSWSC 1296

Norris v Kandiah [2007] NSWSC 1296

The Notice to Produce called for classes of documents, not specific documents clearly identified as required by r 21.10. Furthermore, the documents sought do not relate to a fact in issue in the proceedings. Therefore, the Notice to Produce was invalid and must be set aside.

Jurisdiction
Australia
Judgment Date
26 October 2007
Procedural Posture
Motion / Interlocutory
Outcome
Notice to Produce set aside
Legal Topics
['discovery of Documents' 'notice to Produce' 'specific Document Identification' 'relevance to Fact in Issue']
['civil Procedure'] ['discovery of Documents' 'notice to Produce' 'specific Document Identification' 'relevance to Fact in Issue']

Case Brief

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ['Whether the Notice to Produce dated 12 October 2007 complies with requirements for specificity and relevance under the Uniform Civil Procedure Rules 2005, r 21.10' 'Whether documents sought relate to a fact in issue in the proceedings']

Ratio Decidendi

The Notice to Produce called for classes of documents, not specific documents clearly identified as required by r 21.10. Furthermore, the documents sought do not relate to a fact in issue in the proceedings. Therefore, the Notice to Produce was invalid and must be set aside.

Court Disposition

Notice to Produce set aside

Orders

  • ['Notice to Produce dated 12 October 2007 is set aside' "Defendant to pay plaintiff's costs of the motion"]