Seiwa Australia Pty Ltd v Seeto Financial Services Pty Ltd [2008] NSWSC 305

Seiwa Australia Pty Ltd v Seeto Financial Services Pty Ltd [2008] NSWSC 305

The plaintiffs' notice to produce was an attempt to subvert the discovery process by seeking documents outside the categories set by prior discovery orders, using it as an improper substitute for further and better discovery, and was therefore set aside.

Jurisdiction
Australia
Judgment Date
10 April 2008
Procedural Posture
Interlocutory Motion / Ruling on Notice to Produce
Outcome
Notice to produce set aside; costs order against plaintiffs
Legal Topics
['notice to Produce' 'discovery Process' 'oppressive Process' 'substitute for Discovery' 'costs']
['civil Procedure'] ['notice to Produce' 'discovery Process' 'oppressive Process' 'substitute for Discovery' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Motion / Ruling on Notice to Produce

Legal Issues

  1. 1 ['Whether a notice to produce can be used as an alternative or supplement to discovery' 'Whether the notice to produce is oppressive' 'Whether the notice to produce seeks irrelevant documents or documents not referred to in the pleadings,']

Ratio Decidendi

The plaintiffs' notice to produce was an attempt to subvert the discovery process by seeking documents outside the categories set by prior discovery orders, using it as an improper substitute for further and better discovery, and was therefore set aside.

Court Disposition

Notice to produce set aside; costs order against plaintiffs

Orders

  • ['The notice to produce dated 3 March 2008 issued by the plaintiffs to the first, second and third defendants be set aside.' 'The plaintiffs pay the first, second and third defendants costs of the motion.']