Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 2) [2014] NSWLEC 53

Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 2) [2014] NSWLEC 53

The notice to produce was set aside because two business days to comply was manifestly unreasonable in all the circumstances. The council had received identical unsworn affidavits on 17 April 2014 and was told there would be no changes, did not request exhibits before receiving sworn material, and could and should have sought the documents earlier than 2 May 2014; requiring production within two working days of documents going back as far as 2008 was unreasonable.

Jurisdiction
Australia
Judgment Date
06 May 2014
Procedural Posture
Class 4 / Interlocutory Application to Set Aside Notice to Produce
Outcome
Notice to produce set aside.
Legal Topics
['notice to Produce' 'reasonable Time for Compliance' 'legitimate Forensic Purpose' 'fishing Expedition' 'oppression']
['practice and Procedure'] ['notice to Produce' 'reasonable Time for Compliance' 'legitimate Forensic Purpose' 'fishing Expedition' 'oppression']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 / Interlocutory Application to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether the time given for compliance with the notice to produce was reasonable.' 'Whether the notice to produce was oppressive or effectively sought discovery.' 'Whether the documents sought had a legitimate forensic purpose or the notice amounted to a fishing expedition.']

Ratio Decidendi

The notice to produce was set aside because two business days to comply was manifestly unreasonable in all the circumstances. The council had received identical unsworn affidavits on 17 April 2014 and was told there would be no changes, did not request exhibits before receiving sworn material, and could and should have sought the documents earlier than 2 May 2014; requiring production within two working days of documents going back as far as 2008 was unreasonable.

Court Disposition

Notice to produce set aside.

Orders

  • ['The notice to produce is set aside.']