Welker v Rinehart (No 8) [2012] NSWSC 588

Welker v Rinehart (No 8) [2012] NSWSC 588

Paragraphs 4 and 5 of the plaintiff's notice to produce did not involve any direct allusion to a document or thing in the Defence as required by r 21.10(1)(a); mere indirect references or inferences are insufficient to authorise production under the rule.

Jurisdiction
Australia
Judgment Date
09 May 2012
Procedural Posture
Notice to Produce Documents / Motion to Set Aside Notice to Produce
Outcome
Paragraphs 4 and 5 of the plaintiff's notice to produce dated 7 May 2012 are set aside.
Legal Topics
['notice to Produce' 'document Production' 'rule 21.10(1)(a)' 'reference to Documents']
['civil Procedure'] ['notice to Produce' 'document Production' 'rule 21.10(1)(a)' 'reference to Documents']

Case Brief

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Procedural Posture

Notice to Produce Documents / Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether paragraphs 4 and 5 of the notice to produce refer to documents within the meaning of r 21.10(1)(a) of the NSW Uniform Civil Procedure Rules 2005']

Ratio Decidendi

Paragraphs 4 and 5 of the plaintiff's notice to produce did not involve any direct allusion to a document or thing in the Defence as required by r 21.10(1)(a); mere indirect references or inferences are insufficient to authorise production under the rule.

Court Disposition

Paragraphs 4 and 5 of the plaintiff's notice to produce dated 7 May 2012 are set aside.

Orders

  • ["Paragraphs 4 and 5 of the Plaintiff's notice to produce dated 7 May 2012 are set aside."]