Robinson v Kew, Kew v The Commissioner for Fair Trading [2006] NSWSC 453

Robinson v Kew, Kew v The Commissioner for Fair Trading [2006] NSWSC 453

Most paragraphs of the notices to produce were set aside because they lacked apparent relevance, lacked sufficient specificity, or would be oppressive. The Court held that only the specified surviving paragraphs had sufficient apparent relevance and were sufficiently identified, and that compliance with them should not be oppressive; the final corrected order preserved paragraphs 2, 6, 7, 8, 12 and 13 of the notices.

Jurisdiction
Australia
Judgment Date
07 June 2006
Procedural Posture
Applications to Set Aside Notices to Produce / Determination of Applications in the Common Law Division of the Supreme Court of New South Wales
Outcome
Applications granted in part.
Legal Topics
['notices to Produce' 'relevance to a Fact in Issue' 'oppression' 'specificity of Documents' 'client Legal Privilege' 'abuse of Process Allegations']
['civil Procedure' 'criminal Procedure' 'administrative Law'] ['notices to Produce' 'relevance to a Fact in Issue' 'oppression' 'specificity of Documents' 'client Legal Privilege' 'abuse of Process Allegations']

Case Brief

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Procedural Posture

Applications to Set Aside Notices to Produce / Determination of Applications in the Common Law Division of the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the notices to produce should be set aside wholly or in part for lack of apparent relevance to facts in issue.' 'Whether the notices to produce identified specific documents or things clearly enough for the purposes of the Uniform Civil Procedure Rules.' 'Whether compliance with the notices to produce would be oppressive, in the sense of seriously and unfairly burdensome.' 'Whether particular categories of documents had apparent relevance to alleged abuses of process concerning the institution of Local Court proceedings and proceedings before Grove J.']

Ratio Decidendi

Most paragraphs of the notices to produce were set aside because they lacked apparent relevance, lacked sufficient specificity, or would be oppressive. The Court held that only the specified surviving paragraphs had sufficient apparent relevance and were sufficiently identified, and that compliance with them should not be oppressive; the final corrected order preserved paragraphs 2, 6, 7, 8, 12 and 13 of the notices.

Court Disposition

Applications granted in part.

Orders

  • ['The order made in the first sentence of paragraph 69 of the judgment was revoked.' 'The notices to produce given on or about 24 February 2006 in proceedings 14160/05 and 15876/05 were set aside with the exception of paragraphs 2, 6, 7, 8, 12 and 13.' 'Each party was ordered to pay their own costs of the...