Donnelly v Australia and New Zealand Banking Group Ltd [2014] NSWCA 93

Donnelly v Australia and New Zealand Banking Group Ltd [2014] NSWCA 93

The notice to produce, whether in its original form or as proposed to be reframed, did not seek production of any document which was or might be relevant to a fact in issue in the appeal, and therefore it was set aside.

Jurisdiction
Australia
Judgment Date
24 March 2014
Procedural Posture
Interlocutory Application / Court of Appeal Application by Notice of Motion to Set Aside a Notice to Produce Filed in an Appeal
Outcome
Notice to produce set aside; respondent to the notice of motion ordered to pay the costs of the notice of motion.
Legal Topics
['notice to Produce' 'relevance to a Fact in Issue on Appeal' 'fresh Evidence on Appeal' 'costs']
['civil Procedure'] ['notice to Produce' 'relevance to a Fact in Issue on Appeal' 'fresh Evidence on Appeal' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Court of Appeal Application by Notice of Motion to Set Aside a Notice to Produce Filed in an Appeal

Legal Issues

  1. 1 ['Whether the notice to produce sought documents relevant to a fact in issue in the appeal.' 'Whether the notice to produce should be set aside.']

Ratio Decidendi

The notice to produce, whether in its original form or as proposed to be reframed, did not seek production of any document which was or might be relevant to a fact in issue in the appeal, and therefore it was set aside.

Court Disposition

Notice to produce set aside; respondent to the notice of motion ordered to pay the costs of the notice of motion.

Orders

  • ['Notice to produce filed on 12 March 2014 set aside.' 'Respondent to the notice of motion to pay the costs thereof.']