Hancock v Rinehart [2015] NSWSC 896

Hancock v Rinehart [2015] NSWSC 896

The plaintiffs' application to set aside the notice to produce is dismissed because (i) the 'on the cards' test applies to determine whether production is required; (ii) the documents sought are necessary for the just resolution of the real issues in the proceedings, namely, the proper determination of the gross sum costs order and any interest claimed; and (iii) the risk of a detailed assessment arising is caused by the form in which the application is presented by the plaintiffs.

Jurisdiction
Australia
Judgment Date
24 June 2015
Procedural Posture
Equity Division Civil Proceeding / Motion to Set Aside Notice to Produce (interlocutory Application)
Outcome
Plaintiffs' notice of motion dismissed; plaintiffs to pay first defendant's costs; notice to produce stood over.
Legal Topics
['notice to Produce' 'gross Sum Costs Order' 'costs Assessment' 'disclosure of Legal Costs Documents']
['civil Procedure'] ['notice to Produce' 'gross Sum Costs Order' 'costs Assessment' 'disclosure of Legal Costs Documents']

Case Brief

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Procedural Posture

Equity Division Civil Proceeding / Motion to Set Aside Notice to Produce (interlocutory Application)

Legal Issues

  1. 1 ['Whether the plaintiffs should be required to produce tax invoices, itemised bills, and funding agreements in relation to their application for a gross sum costs order' "Whether production should only occur if it appears likely that the documents will materially assist the first defendant's case, or if the 'on the cards' test applies" 'Whether disclosure is necessary for the resolution of the real issues in dispute']

Ratio Decidendi

The plaintiffs' application to set aside the notice to produce is dismissed because (i) the 'on the cards' test applies to determine whether production is required; (ii) the documents sought are necessary for the just resolution of the real issues in the proceedings, namely, the proper determination of the gross sum costs order and any interest claimed; and (iii) the risk of a detailed assessment arising is caused by the form in which the application is presented by the plaintiffs.

Court Disposition

Plaintiffs' notice of motion dismissed; plaintiffs to pay first defendant's costs; notice to produce stood over.

Orders

  • ["Order that the plaintiffs' notice of motion filed 23 December 2014 be dismissed" "Order that the plaintiffs pay the first defendant's costs" "Stand over notice to produce to the Registrar's list on 8 July 2015"]