Lehrmann v Network Ten Pty Limited (Notice to Produce) [2023] FCA 250

Lehrmann v Network Ten Pty Limited (Notice to Produce) [2023] FCA 250

Paragraph 3 of the notice to produce was set aside because it sought production of the entire Cellebrite report, comprising about 39,823 pages and the entire contents of Mr Lehrmann's mobile phone, including material dating back to October 2017. Although Mr Lehrmann's state of mind at particular times was relevant to the extension of time applications, the request was oppressive, amounted to a fishing expedition, and sought a vast range of information with no apparent relevance to the present application.

Jurisdiction
Australia
Judgment Date
16 March 2023
Procedural Posture
Practice and Procedure; Application to Set Aside Paragraph of Notice to Produce in Defamation Proceedings / Reasons for Order Setting Aside Paragraph 3 of Notice to Produce
Outcome
Paragraph 3 of the notice to produce filed and served by Ms Wilkinson on 10 March 2023 was set aside.
Legal Topics
['notice to Produce' 'apparent Relevance' 'oppressive Production Request' 'fishing Expedition' 'extension of Limitation Period' 'overarching Purpose']
['practice and Procedure' 'defamation' 'limitation of Actions'] ['notice to Produce' 'apparent Relevance' 'oppressive Production Request' 'fishing Expedition' 'extension of Limitation Period' 'overarching Purpose']

Case Brief

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Procedural Posture

Practice and Procedure; Application to Set Aside Paragraph of Notice to Produce in Defamation Proceedings / Reasons for Order Setting Aside Paragraph 3 of Notice to Produce

Legal Issues

  1. 1 ["Whether paragraph 3 of Ms Wilkinson's notice to produce, seeking the documents comprising the Cellebrite report, should be set aside." 'Whether the Cellebrite report was sufficiently relevant to the applications for an extension of the limitation period under s 14B of the Limitation Act 1969 (NSW).' 'Whether the request for production was oppressive or a fishing expedition.']

Ratio Decidendi

Paragraph 3 of the notice to produce was set aside because it sought production of the entire Cellebrite report, comprising about 39,823 pages and the entire contents of Mr Lehrmann's mobile phone, including material dating back to October 2017. Although Mr Lehrmann's state of mind at particular times was relevant to the extension of time applications, the request was oppressive, amounted to a fishing expedition, and sought a vast range of information with no apparent relevance to the present application.

Court Disposition

Paragraph 3 of the notice to produce filed and served by Ms Wilkinson on 10 March 2023 was set aside.

Orders

  • ['Paragraph 3 of the notice to produce filed and served by Ms Wilkinson on 10 March 2023 be set aside.']