David Richard Hawes v Trevor Laurence Dean [2013] NSWSC 1236

David Richard Hawes v Trevor Laurence Dean [2013] NSWSC 1236

The original notice to produce was incompetent as no hearing or time for the return of subpoenas had been fixed and no leave of court was granted. However, the documents sought (subject to exclusion of 'other documents') may be relevant. Leave is granted to serve a further notice in proper form, with costs awarded to the plaintiffs due to the defect in the original notice.

Parties
First Plaintiff: David Richard Hawes; Second Plaintiff: Hawes Investments Pty Limited; First Defendant: Trevor Laurence Dean; Second Defendant: T & B Investments Pty Limited ACN 070 907 809; Third Defendant: Hawden Property Group Pty Limited ACN 003 528 345; Fourth Defendant: Hawden Constructions Pty Limited ACN 098 528 539; Fifth Defendant: Gallwey Pty Limited ACN 063 430 937
Jurisdiction
Australia
Judgment Date
08 August 2013
Procedural Posture
Equity / Interlocutory Application Regarding Notice to Produce
Outcome
Original notice to produce set aside. Leave granted to serve further notice. Defendants to pay plaintiffs’ costs of today.
Legal Topics
Notice to Produce
Procedure Notice to Produce

Case Brief

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Parties

David Richard Hawes

First Plaintiff

Hawes Investments Pty Limited

Second Plaintiff

Trevor Laurence Dean

First Defendant

T & B Investments Pty Limited ACN 070 907 809

Second Defendant

Hawden Property Group Pty Limited ACN 003 528 345

Third Defendant

Hawden Constructions Pty Limited ACN 098 528 539

Fourth Defendant

Gallwey Pty Limited ACN 063 430 937

Fifth Defendant

Procedural Posture

Equity / Interlocutory Application Regarding Notice to Produce

Legal Issues

  1. 1 Whether the notice to produce dated 22 July 2013 was competent under UCPR r 34.1
  2. 2 Whether the defendants should be granted leave to serve a further notice to produce

Ratio Decidendi

The original notice to produce was incompetent as no hearing or time for the return of subpoenas had been fixed and no leave of court was granted. However, the documents sought (subject to exclusion of 'other documents') may be relevant. Leave is granted to serve a further notice in proper form, with costs awarded to the plaintiffs due to the defect in the original notice.

Court Disposition

Original notice to produce set aside. Leave granted to serve further notice. Defendants to pay plaintiffs’ costs of today.

Orders

  • The notice to produce dated 22 July 2013 is set aside.
  • Defendants are granted leave to serve, by 4pm today, a notice to produce requiring production to the Court at 9.30am on Monday 12 August 2013, omitting from paragraph 1 the words 'and other documents which comprise, record or refer to the income, assets and liabilities'.