Apple Computer v Wily [2003] NSWSC 191

Apple Computer v Wily [2003] NSWSC 191

The notice to produce was not an abuse of process, did not constitute improper purpose, fishing, or impermissible discovery, since it sought only documents to which the first defendant had referred in his affidavit and did not require the recipient to identify relevance independently.

Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Corporations Proceeding / Motion to Set Aside Notice to Produce
Outcome
Notice of motion dismissed
Legal Topics
['notice to Produce' 'abuse of Process' 'discovery' 'liquidator Independence']
['corporations Law' 'civil Procedure'] ['notice to Produce' 'abuse of Process' 'discovery' 'liquidator Independence']

Case Brief

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Procedural Posture

Corporations Proceeding / Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether the notice to produce constitutes an abuse of process' 'Whether the notice to produce is an impermissible substitute for discovery' 'Whether the notice to produce is impermissible fishing' 'Whether the notice to produce has been issued for a proper purpose']

Ratio Decidendi

The notice to produce was not an abuse of process, did not constitute improper purpose, fishing, or impermissible discovery, since it sought only documents to which the first defendant had referred in his affidavit and did not require the recipient to identify relevance independently.

Court Disposition

Notice of motion dismissed

Orders

  • ['Notice of motion dismissed']