J T Interior Pty Ltd v Ozzy States Pty Ltd [2018] NSWSC 1336

J T Interior Pty Ltd v Ozzy States Pty Ltd [2018] NSWSC 1336

The orders complained of were found to be loosely drafted, requiring broader disclosure than necessary or permitted by s 108 and related provisions. The application to set aside or vary the order was stood over, and the plaintiff directed to propose draft amendments that would specifically and unambiguously describe the documents sought, in light of the defendant's concerns and the court's remarks.

Parties
Applicant/defendant: Ozzy States Pty Ltd; Respondent/plaintiff: J T Interior Pty Ltd
Jurisdiction
Australia
Judgment Date
31 August 2018
Procedural Posture
Enforcement Application / Application to Set Aside or Vary Examination Order Stood Over
Outcome
Application stood over for re-drafting of examination order
Legal Topics
Order for Examination, Variation or Setting Aside of Orders
Civil Procedure Enforcement of Judgments Order for Examination Variation or Setting Aside of Orders

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Parties

Ozzy States Pty Ltd

Applicant/defendant

J T Interior Pty Ltd

Respondent/plaintiff

Procedural Posture

Enforcement Application / Application to Set Aside or Vary Examination Order Stood Over

Legal Issues

  1. 1 Whether the examination order should be set aside or varied under UCPR r 36.15 or the inherent power of the court
  2. 2 Whether the scope of documents required to be produced is too broad or lacks specificity

Ratio Decidendi

The orders complained of were found to be loosely drafted, requiring broader disclosure than necessary or permitted by s 108 and related provisions. The application to set aside or vary the order was stood over, and the plaintiff directed to propose draft amendments that would specifically and unambiguously describe the documents sought, in light of the defendant's concerns and the court's remarks.

Court Disposition

Application stood over for re-drafting of examination order

Orders

  • The defendant's application is stood over for a short period to be determined in consultation with the parties.
  • The plaintiff is directed to bring in a proposed draft of any amended or varied terms of the examination order.