Kassam & Ors v Hazzard & Ors [2021] NSWSC 1195

Kassam & Ors v Hazzard & Ors [2021] NSWSC 1195

Paragraph 5 of the Notice to Produce was set aside because it was drafted too widely, did not comply with UCPR 21.10(1)(b), and lacked adequate demonstrated relevance to the issues pleaded, especially given the urgency and remote connection between the documents sought and the factual matters at issue.

Parties
Plaintiff: Al-Munir Kassam; Fourth Defendant: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
20 September 2021
Procedural Posture
Notice to Produce Procedural Ruling / Interlocutory Application
Outcome
Notice to produce (paragraph 5) set aside. Costs of Commonwealth's motion to set aside to be costs in the cause.
Legal Topics
Notice to Produce, Discovery, Relevance of Evidence, Public Health Orders, Constitutional Challenge
Civil Procedure Notice to Produce Discovery Relevance of Evidence Public Health Orders Constitutional Challenge

Case Brief

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Parties

Al-Munir Kassam

Plaintiff

Commonwealth of Australia

Fourth Defendant

Procedural Posture

Notice to Produce Procedural Ruling / Interlocutory Application

Legal Issues

  1. 1 Whether paragraph 5 of the Notice to Produce should be set aside due to width, relevance, and oppressiveness
  2. 2 Relevance of sought health advice to constitutional and unreasonableness claims against public health orders

Ratio Decidendi

Paragraph 5 of the Notice to Produce was set aside because it was drafted too widely, did not comply with UCPR 21.10(1)(b), and lacked adequate demonstrated relevance to the issues pleaded, especially given the urgency and remote connection between the documents sought and the factual matters at issue.

Court Disposition

Notice to produce (paragraph 5) set aside. Costs of Commonwealth's motion to set aside to be costs in the cause.

Orders

  • Paragraph 5 of the Plaintiff's Notice to Produce dated 13 September 2021 is set aside.
  • The costs of the Fourth Defendant's notice of motion dated 17 September 2021 to set aside the Notice to Produce be costs in the cause.