International Management Group of America Pty Ltd v Media Niugini Ltd t/as EMTV (No 2) [2021] NSWSC 919

International Management Group of America Pty Ltd v Media Niugini Ltd t/as EMTV (No 2) [2021] NSWSC 919

The Notice to Produce was set aside because it was served in circumstances that circumvented the disclosure limitations of Practice Note SC Eq 11, was based on a misapprehension as to the defendant's financial year, and sought documents that were of limited utility and not properly targeted to the critical period relevant to the proceedings.

Parties
Plaintiff/respondent: International Management Group of America Pty Ltd; Defendant/applicant: Media Niugini Ltd t/as EMTV
Jurisdiction
Australia
Judgment Date
27 July 2021
Procedural Posture
Notice of Motion / Interlocutory Application—application to Set Aside Notice to Produce
Outcome
Notice to Produce set aside. Plaintiff to pay defendant's costs of the Notice of Motion.
Legal Topics
Notice to Produce, Disclosure of Documents, Practice Note SC Eq 11, Misleading or Deceptive Conduct, Estoppel
Practice and Procedure Equity Commercial Law Notice to Produce Disclosure of Documents Practice Note SC Eq 11 Misleading or Deceptive Conduct Estoppel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

International Management Group of America Pty Ltd

Plaintiff/respondent

Media Niugini Ltd t/as EMTV

Defendant/applicant

Procedural Posture

Notice of Motion / Interlocutory Application—application to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether the Notice to Produce served by the plaintiff on the defendant should be set aside
  2. 2 Whether the Notice to Produce was an attempt to obtain disclosure circumventing Practice Note SC Eq 11
  3. 3 Whether the Notice to Produce sought documents relevant to the issues in the proceedings

Ratio Decidendi

The Notice to Produce was set aside because it was served in circumstances that circumvented the disclosure limitations of Practice Note SC Eq 11, was based on a misapprehension as to the defendant's financial year, and sought documents that were of limited utility and not properly targeted to the critical period relevant to the proceedings.

Court Disposition

Notice to Produce set aside. Plaintiff to pay defendant's costs of the Notice of Motion.

Orders

  • The Notice to Produce filed on 5 May 2021 is set aside.
  • The plaintiff is to pay the defendant's costs of the defendant's Notice of Motion of 25 May 2021.