Vella v Australia & New Zealand Banking Group Limited [2008] NSWSC 209

Vella v Australia & New Zealand Banking Group Limited [2008] NSWSC 209

No order made on the notice to produce because the application was late, the relevance of the material was not established, and there was insufficient evidence to support the applicant's allegations.

Parties
Vella; Cross Claimant: Australia & New Zealand Banking Group Ltd; 1st Cross Defendant to Second Cross Claim: Houssam Annous
Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Application Within Proceedings / Interlocutory Application During Trial
Outcome
No order made on notice to produce.
Legal Topics
Notice to Produce, Trial Procedure, Late Evidence
Civil Procedure Notice to Produce Trial Procedure Late Evidence

Case Brief

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Parties

Vella

Australia & New Zealand Banking Group Ltd

Cross Claimant

Houssam Annous

1st Cross Defendant to Second Cross Claim

Procedural Posture

Application Within Proceedings / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether the late notice to produce should be allowed to disrupt the ongoing trial
  2. 2 Whether the materials sought in the notice to produce are relevant to the issues in the defence to the amended second cross-claim

Ratio Decidendi

No order made on the notice to produce because the application was late, the relevance of the material was not established, and there was insufficient evidence to support the applicant's allegations.

Court Disposition

No order made on notice to produce.