Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd [2016] NSWSC 49

Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd [2016] NSWSC 49

Given evidence that MEPL, through Ms Smith, was aware of and failed to comply with the subpoena, and that relevant documents likely exist, the conditions for making an order under s 68 Civil Procedure Act 2005 (NSW) are satisfied notwithstanding claimed costs or asserted deficiencies in service.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Procedural Ruling / Interlocutory Order
Outcome
Order made under s 68 Civil Procedure Act 2005 (NSW) for examination and production of documents, with directions for service and further case management.
Legal Topics
['subpoena Compliance' 'production of Documents' 'third Party Discovery' 'enforcement of Court Orders']
['civil Procedure'] ['subpoena Compliance' 'production of Documents' 'third Party Discovery' 'enforcement of Court Orders']

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Procedural Posture

Procedural Ruling / Interlocutory Order

Legal Issues

  1. 1 ['Whether Marketing Eye Pty Limited failed to comply with a subpoena for production of documents' 'Whether the Court should make an order under s 68 of the Civil Procedure Act 2005 (NSW) for examination/production of documents']

Ratio Decidendi

Given evidence that MEPL, through Ms Smith, was aware of and failed to comply with the subpoena, and that relevant documents likely exist, the conditions for making an order under s 68 Civil Procedure Act 2005 (NSW) are satisfied notwithstanding claimed costs or asserted deficiencies in service.

Court Disposition

Order made under s 68 Civil Procedure Act 2005 (NSW) for examination and production of documents, with directions for service and further case management.

Orders

  • ['Order that MEPL provide documents and Ms Smith attend examination as per s 68 Civil Procedure Act 2005 (NSW).' 'Orders for service of judgment and supporting materials on Ms Smith and MEPL by email and physical delivery to specified addresses by set deadlines.' 'Leave granted to Ms Smith to seek variation of...