Tony Hassan Noun v Margaret Pavey [2013] NSWSC 846

Tony Hassan Noun v Margaret Pavey [2013] NSWSC 846

The plaintiffs failed to establish any error in the Registrar's exercise of discretion or to show error of the kind specified in House v The King. The documents sought in the Notices to Produce were referred to in plaintiffs' affidavits, and, subject to proper claims of confidentiality, the defendants are entitled to inspect those documents. There was no attempt to subvert practice notes, and no valid claim that Notices to Produce lacked legitimate forensic purpose.

Jurisdiction
Australia
Judgment Date
07 June 2013
Procedural Posture
Interlocutory Application / Review of Registrar's Decision Under Rule 49.19 Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Application dismissed with an order for costs against the plaintiffs.
Legal Topics
['notices to Produce' 'confidentiality' 'procedural Fairness' 'interlocutory Review']
['practice and Procedure'] ['notices to Produce' 'confidentiality' 'procedural Fairness' 'interlocutory Review']

Case Brief

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Procedural Posture

Interlocutory Application / Review of Registrar's Decision Under Rule 49.19 Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ["Approach to review of Registrar's decision under rule 49.19" 'Whether Notices to Produce should be set aside as an attempt to subvert Practice Notes' 'Whether documents sought are confidential and production would frustrate fair trial' 'Whether Notices to Produce lacked legitimate forensic purpose']

Ratio Decidendi

The plaintiffs failed to establish any error in the Registrar's exercise of discretion or to show error of the kind specified in House v The King. The documents sought in the Notices to Produce were referred to in plaintiffs' affidavits, and, subject to proper claims of confidentiality, the defendants are entitled to inspect those documents. There was no attempt to subvert practice notes, and no valid claim that Notices to Produce lacked legitimate forensic purpose.

Court Disposition

Application dismissed with an order for costs against the plaintiffs.

Orders

  • ['Application for review dismissed with costs against the plaintiffs.' 'The solicitor and counsel for the defendants be released from their undertakings related to items 1 to 5 of the first Notice to Produce, except for a document at pp 174-175 of Exhibit 1.' "The plaintiffs' solicitors are directed to notify the...