POS-NP Pty Ltd v Resource Pacific Pty Ltd [2021] NSWSC 406

POS-NP Pty Ltd v Resource Pacific Pty Ltd [2021] NSWSC 406

The Notice to Produce was set aside because none of the affidavits made a direct allusion to the documents sought and several requests amounted to improper discovery attempts without compliance with Practice Note SC Eq 11; thus, the application was contrary to UCPR r 21.10 and the intent of the Practice Note.

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Notice to Produce Equity Commercial List / Interlocutory Application (procedural Motion)
Outcome
Notice to Produce set aside; costs awarded to Defendant/Applicant.
Legal Topics
['notice to Produce' 'practice Note SC Eq 11' 'procedure for Discovery' 'evidence Admissibility']
['civil Procedure' 'equity'] ['notice to Produce' 'practice Note SC Eq 11' 'procedure for Discovery' 'evidence Admissibility']

Case Brief

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Procedural Posture

Notice to Produce Equity Commercial List / Interlocutory Application (procedural Motion)

Legal Issues

  1. 1 ["Whether the Notice to Produce sought production of documents genuinely 'referred to' in affidavits as required by UCPR r 21.10" 'Whether the Notice to Produce improperly sought discovery outside the scope permitted by Practice Note SC Eq 11']

Ratio Decidendi

The Notice to Produce was set aside because none of the affidavits made a direct allusion to the documents sought and several requests amounted to improper discovery attempts without compliance with Practice Note SC Eq 11; thus, the application was contrary to UCPR r 21.10 and the intent of the Practice Note.

Court Disposition

Notice to Produce set aside; costs awarded to Defendant/Applicant.

Orders

  • ['Notice to Produce served by Plaintiff on 23 February 2021 be set aside.' "Plaintiff to pay Defendant's costs of the Notice of Motion dated 24 March 2021." 'Matter listed for further directions on 30 April 2021.']