Re Kleiss C.A. v Ex Parte Commonwealth Bank of Australia [1995] FCA 270

Re Kleiss C.A. v Ex Parte Commonwealth Bank of Australia [1995] FCA 270

The notices to produce dated 14 February and 27 March 1995 were set aside because they were cast in terms that were far too wide and were tantamount to seeking discovery of a class of documents, and because the documents sought were for the purpose of establishing matters that did not fairly relate to the counter-claim or cross demand alleged by Mr Kleiss.

Jurisdiction
Australia
Judgment Date
01 May 1995
Procedural Posture
Bankruptcy Proceeding Concerning a Bankruptcy Notice / Application by the Commonwealth Bank of Australia to Set Aside Notices to Produce Served by Mr Kleiss
Outcome
Application to set aside notices to produce granted.
Legal Topics
['bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'notices to Produce' 'discovery']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'counter Claim, Set Off or Cross Demand' 'notices to Produce' 'discovery']

Case Brief

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Procedural Posture

Bankruptcy Proceeding Concerning a Bankruptcy Notice / Application by the Commonwealth Bank of Australia to Set Aside Notices to Produce Served by Mr Kleiss

Legal Issues

  1. 1 ['Whether notices to produce served by Mr Kleiss should be set aside in proceedings concerning a bankruptcy notice and an alleged counter-claim, set-off or cross demand under s40(1)(g) of the Bankruptcy Act 1966.' 'Whether the notices to produce were too wide, tantamount to discovery, or sought documents not fairly related to the alleged counter-claim or cross demand.']

Ratio Decidendi

The notices to produce dated 14 February and 27 March 1995 were set aside because they were cast in terms that were far too wide and were tantamount to seeking discovery of a class of documents, and because the documents sought were for the purpose of establishing matters that did not fairly relate to the counter-claim or cross demand alleged by Mr Kleiss.

Court Disposition

Application to set aside notices to produce granted.

Orders

  • ['The notices to produce dated 14 February and 27 March 1995 are set aside.']