Sayour v Elliot [2017] NSWSC 713

Sayour v Elliot [2017] NSWSC 713

Plaintiffs are ordered to provide particulars to certain questions raised by the first defendant as administrator, as relevant and necessary for her to understand and plead to serious allegations made. Notice to produce calling for production of emails by a non-party is set aside, but plaintiffs directed to produce specific relevant email communications. Notice to produce by plaintiffs is modified so that privileged documents are produced to court only in sealed envelope, and broad requests for communications are refused. Each party is to bear its own costs.

Parties
First Plaintiff: Moustafa Sayour; Second Plaintiff: Broadway Plaza Pty Ltd as trustee of the Sayour Family Trust; Third Plaintiff: Fatimah Sayour; First Defendant: Catherine Elliot also known as Catherine Sayour as administratrix of the Estate of the late Jamil Moustafa Sayour; Second Defendant: Sayour Holdings Pty Ltd; Third Defendant: JS 75 Pty Ltd
Jurisdiction
Australia
Judgment Date
06 June 2017
Procedural Posture
Equity Proceedings / Interlocutory Applications—request for Particulars, Objections and Orders Regarding Notices to Produce
Outcome
Interlocutory orders made as specified; directions for provision of particulars and production of specified documents; costs apportionment.
Legal Topics
Particulars, Discovery and Production of Documents, Misappropriation of Trust Funds, Secret Commissions, Fiduciary Duties, Solicitor Client Privilege, Practice and Procedure, Beneficiaries' Access to Trustee Documents
Equity Trusts Civil Procedure Particulars Discovery and Production of Documents Misappropriation of Trust Funds Secret Commissions Fiduciary Duties +3 more

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Parties

Moustafa Sayour

First Plaintiff

Broadway Plaza Pty Ltd as trustee of the Sayour Family Trust

Second Plaintiff

Fatimah Sayour

Third Plaintiff

Catherine Elliot also known as Catherine Sayour as administratrix of the Estate of the late Jamil Moustafa Sayour

First Defendant

Sayour Holdings Pty Ltd

Second Defendant

JS 75 Pty Ltd

Third Defendant

Procedural Posture

Equity Proceedings / Interlocutory Applications—request for Particulars, Objections and Orders Regarding Notices to Produce

Legal Issues

  1. 1 Whether plaintiffs should answer request for particulars from first defendant
  2. 2 Whether notices to produce served on parties and non-parties should be set aside or limited
  3. 3 Whether documents sought under notices to produce are privileged or oppressive

Ratio Decidendi

Plaintiffs are ordered to provide particulars to certain questions raised by the first defendant as administrator, as relevant and necessary for her to understand and plead to serious allegations made. Notice to produce calling for production of emails by a non-party is set aside, but plaintiffs directed to produce specific relevant email communications. Notice to produce by plaintiffs is modified so that privileged documents are produced to court only in sealed envelope, and broad requests for communications are refused. Each party is to bear its own costs.

Court Disposition

Interlocutory orders made as specified; directions for provision of particulars and production of specified documents; costs apportionment.

Orders

  • Plaintiffs to answer specified paragraphs of first defendant's revised request for particulars within 21 days.
  • Notice to produce addressed to Ms Yesmine Sayour set aside; plaintiffs directed to produce specified email communications within 21 days.