National Australia Bank Limited v Abboud [2020] NSWSC 282

National Australia Bank Limited v Abboud [2020] NSWSC 282

The notices to produce were set aside because they were too wide: general Dun and Bradstreet reports about late payments and business failures in Australia were not relevant to what the Banks would have done if aware of DSH's position, and the relevant knowledge was that of the Banks' decision-makers rather than other bank employees.

Jurisdiction
Australia
Judgment Date
23 March 2020
Procedural Posture
Civil Procedure Application to Set Aside Notices to Produce / Notice of Motion Filed on 16 March 2020 Heard on the Papers
Outcome
The two notices to produce were set aside, with costs of the Notice of Motion to be costs in the cause.
Legal Topics
['notices to Produce' 'application to Set Aside' 'relevance' 'costs in the Cause']
['civil Procedure'] ['notices to Produce' 'application to Set Aside' 'relevance' 'costs in the Cause']

Case Brief

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Procedural Posture

Civil Procedure Application to Set Aside Notices to Produce / Notice of Motion Filed on 16 March 2020 Heard on the Papers

Legal Issues

  1. 1 ['Whether the notices to produce served by the first defendant and second defendant should be set aside as too wide.' 'Whether the documents sought were relevant to whether the Banks relied on alleged non-disclosures when approving loans to DSH.' "Whether relevant knowledge was confined to the knowledge of the Banks' decision-makers."]

Ratio Decidendi

The notices to produce were set aside because they were too wide: general Dun and Bradstreet reports about late payments and business failures in Australia were not relevant to what the Banks would have done if aware of DSH's position, and the relevant knowledge was that of the Banks' decision-makers rather than other bank employees.

Court Disposition

The two notices to produce were set aside, with costs of the Notice of Motion to be costs in the cause.

Orders

  • ['The notice to produce to the first defendant dated and served on 10 March 2020 be set aside.' 'The notice to produce to the second defendant dated and served on 10 March 2020 be set aside.' 'The costs of the Notice of Motion filed on 16 March 2020 be costs in the cause.']