In the matter of Colorado Products Pty Limited (in prov liq) [2013] NSWSC 392

In the matter of Colorado Products Pty Limited (in prov liq) [2013] NSWSC 392

Notices to Produce under r 21.10 must specify clearly identified documents and may not merely describe a class of documents or require assessment of relevance by the producer; some paragraphs of the Notice to Produce were not sufficiently specific and were oppressive, while others could be allowed or re-issued under the more flexible r 34.1 provided they were modified to specify the document types sought.

Jurisdiction
Australia
Judgment Date
13 February 2013
Procedural Posture
Interlocutory Application / Ruling on Notice to Produce and Related Applications
Outcome
Specified paragraphs of the Notice to Produce set aside or amended; leave to issue new Notices to Produce in some terms; costs reserved.
Legal Topics
['production of Documents' 'notice to Produce' 'discovery' 'oppression' 'practice and Procedure']
['civil Procedure' 'equity' 'corporations'] ['production of Documents' 'notice to Produce' 'discovery' 'oppression' 'practice and Procedure']

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Procedural Posture

Interlocutory Application / Ruling on Notice to Produce and Related Applications

Legal Issues

  1. 1 ['Whether paragraphs of the Notice to Produce adequately specify documents to be produced under UCPR r 21.10 or r 34.1' 'Whether paragraphs improperly call for a class of documents rather than specifically identified documents' 'Whether potential relevance of documents has been established' 'Whether requests are oppressive or constitute fishing' 'Whether further categories of discovery should be ordered']

Ratio Decidendi

Notices to Produce under r 21.10 must specify clearly identified documents and may not merely describe a class of documents or require assessment of relevance by the producer; some paragraphs of the Notice to Produce were not sufficiently specific and were oppressive, while others could be allowed or re-issued under the more flexible r 34.1 provided they were modified to specify the document types sought.

Court Disposition

Specified paragraphs of the Notice to Produce set aside or amended; leave to issue new Notices to Produce in some terms; costs reserved.

Orders

  • ["Paragraphs 1(g)-(h), 2-3, 5-9, 11-13 and 18 of the Plaintiffs' Notice to Produce for Inspection dated 19 December 2012 set aside." 'Paragraphs 19-20, 22-24 and 27-28 of the Notice to Produce are not further pressed.' 'Paragraphs 12, 14-15 and 17 of the Notice to Produce set aside, with leave to issue a Notice to...