Tin-Tagel Majikk Pty Ltd v Hockey [2021] NSWSC 1008

Tin-Tagel Majikk Pty Ltd v Hockey [2021] NSWSC 1008

The notice to produce issued under UCPR r 21.10 was not sufficiently specific and should be set aside. The notice to produce under r 34.1 specified documents relevant to principal issues, showed legitimate forensic purpose, and was not oppressive, so the seventh defendant must comply with it within 14 days.

Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Notice of Motion / Procedural Interlocutory Hearing
Outcome
Partially granted; some notices set aside, others ordered complied with
Legal Topics
['notices to Produce' 'discovery' 'confidential Information' 'share Sale Agreement' 'restraint of Trade' 'real Estate Agency']
['civil Procedure'] ['notices to Produce' 'discovery' 'confidential Information' 'share Sale Agreement' 'restraint of Trade' 'real Estate Agency']

Case Brief

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Procedural Posture

Notice of Motion / Procedural Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the notices to produce issued pursuant to UCPR r 21.10 and r 34.1 should be set aside or be complied with' 'Whether the categories of documents specified are clearly identified and specific for purposes of UCPR r 21.10 and r 34.1' 'Whether the documents sought have apparent relevance or legitimate forensic purpose' 'Whether compliance with notices to produce would constitute discovery by the backdoor' 'Whether confidentiality concerns should prevent compliance with the notices to produce']

Ratio Decidendi

The notice to produce issued under UCPR r 21.10 was not sufficiently specific and should be set aside. The notice to produce under r 34.1 specified documents relevant to principal issues, showed legitimate forensic purpose, and was not oppressive, so the seventh defendant must comply with it within 14 days.

Court Disposition

Partially granted; some notices set aside, others ordered complied with

Orders

  • ['The notice to produce issued pursuant to UCPR r 21.10 on 18 February 2021 is set aside.' 'The seventh defendant is to comply with the notice to produce issued pursuant to UCPR r 34.1 on 6 May 2021 within 14 days.' "Except as provided in orders (1) and (2), dismiss the plaintiffs' amended notice of motion filed 1...