Sulcs v Oliveri [2007] NSWSC 858

Sulcs v Oliveri [2007] NSWSC 858

There was no evidence that the defendant's counsel lacked actual or ostensible authority to consent to the order regarding compliance with the Notice to Produce. The consent was validly given and did not vitiate the defendant's position. There was insufficient evidence to support that the current Notice to Produce constituted an abuse of process, nor was it shown that a duplication rendered it so.

Parties
Plaintiff / Cross Defendant: P.M. Sulcs & Associates Pty Ltd ACN 002 730 958; Defendant / Cross Claimant: Dominic Oliveri
Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Notice to Produce Related Motions / Interlocutory Hearing
Outcome
Defendant’s two notices of motion dismissed
Legal Topics
Notice to Produce, Authority of Counsel, Abuse of Process, Consent Orders
Practice and Procedure Notice to Produce Authority of Counsel Abuse of Process Consent Orders

Case Brief

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Parties

P.M. Sulcs & Associates Pty Ltd ACN 002 730 958

Plaintiff / Cross Defendant

Dominic Oliveri

Defendant / Cross Claimant

Procedural Posture

Notice to Produce Related Motions / Interlocutory Hearing

Legal Issues

  1. 1 Whether counsel who consented to timetable for compliance with Notice to Produce had authority to do so
  2. 2 Whether Notice to Produce constituted an abuse of process
  3. 3 Whether duplication of Notices to Produce amounts to an abuse

Ratio Decidendi

There was no evidence that the defendant's counsel lacked actual or ostensible authority to consent to the order regarding compliance with the Notice to Produce. The consent was validly given and did not vitiate the defendant's position. There was insufficient evidence to support that the current Notice to Produce constituted an abuse of process, nor was it shown that a duplication rendered it so.

Court Disposition

Defendant’s two notices of motion dismissed

Orders

  • Defendant's motion to set aside Notice to Produce dismissed
  • Defendant's motion to review and discharge or vary Order 2 dismissed