David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Limited (No 2) [2025] NSWSC 7

David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Limited (No 2) [2025] NSWSC 7

The plaintiffs’ notice to produce should be set aside. The documents sought are not relevant to the pleaded issues, are intended to facilitate new evidence in chief rather than true reply, and compelling production would be oppressive and contrary to the overriding purpose of the CPA and UCPR. The plaintiffs are held to their forensic choices in the proceedings.

Parties
First Plaintiff/respondent: David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund; Second Plaintiff/respondent: Martin John Fletcher; First Defendant/applicant: Lendlease Corporation Limited; Second Defendant/applicant: Lendlease Responsible Entity Ltd as responsible entity for Lendlease Trust
Jurisdiction
Australia
Judgment Date
28 January 2025
Procedural Posture
Class Action (equity Commercial List) / Interlocutory Application to Set Aside Notice to Produce
Outcome
Notice to produce set aside; costs to defendants; timetable set for plaintiffs’ reply evidence
Legal Topics
Notice to Produce, Discovery, Case Management, Evidence in Reply, Continuous Disclosure, Misleading or Deceptive Conduct
Civil Procedure Notice to Produce Discovery Case Management Evidence in Reply Continuous Disclosure Misleading or Deceptive Conduct

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Parties

David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund

First Plaintiff/respondent

Martin John Fletcher

Second Plaintiff/respondent

Lendlease Corporation Limited

First Defendant/applicant

Lendlease Responsible Entity Ltd as responsible entity for Lendlease Trust

Second Defendant/applicant

Procedural Posture

Class Action (equity Commercial List) / Interlocutory Application to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether the plaintiffs' notice to produce dated 24 June 2024 should be set aside
  2. 2 Whether the documents sought are relevant to a fact in issue in the proceedings
  3. 3 Whether the notice to produce constitutes an abuse of process or is otherwise oppressive

Ratio Decidendi

The plaintiffs’ notice to produce should be set aside. The documents sought are not relevant to the pleaded issues, are intended to facilitate new evidence in chief rather than true reply, and compelling production would be oppressive and contrary to the overriding purpose of the CPA and UCPR. The plaintiffs are held to their forensic choices in the proceedings.

Court Disposition

Notice to produce set aside; costs to defendants; timetable set for plaintiffs’ reply evidence

Orders

  • The plaintiffs' notice to produce dated 24 June 2024 be set aside.
  • The plaintiffs pay the defendants' costs of the notice of motion filed 23 July 2024.