Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 5) [2018] NSWSC 1744

Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 5) [2018] NSWSC 1744

Paragraph 7 of the original Notice to Produce, read in context, meant documents concerning payments under the Rental Payment Agreement and did not require broader production of documents about payments for equipment, software or licences under the subscriber agreements. The proposed fresh Notice to Produce was too broad except for category 4 concerning documents and records relating to the purchase, acquisition or supply of "SQL 2008 R2 Server Edition", because that issue arose substantively in the evidence.

Jurisdiction
Australia
Judgment Date
15 November 2018
Procedural Posture
Cross Claim Alleging Misleading and Deceptive Conduct and Statutory Damages Under the Australian Consumer Law, With Interlocutory Notice of Motion Concerning Production of Documents / Part Heard Proceeding; Application for Leave to Issue a Notice to Produce and for Compliance With an Earlier Notice to Produce
Outcome
Leave granted in part; balance of the Notice of Motion stood over; costs reserved.
Legal Topics
['notice to Produce' 'production of Documents' 'misleading and Deceptive Conduct' 'australian Consumer Law' 'rental Payment Agreement' 'interlocutory Application']
['civil Procedure' 'consumer Law' 'contract Law'] ['notice to Produce' 'production of Documents' 'misleading and Deceptive Conduct' 'australian Consumer Law' 'rental Payment Agreement' 'interlocutory Application']

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Procedural Posture

Cross Claim Alleging Misleading and Deceptive Conduct and Statutory Damages Under the Australian Consumer Law, With Interlocutory Notice of Motion Concerning Production of Documents / Part Heard Proceeding; Application for Leave to Issue a Notice to Produce and for Compliance With an Earlier Notice to Produce

Legal Issues

  1. 1 ['Whether paragraph 7 of the original Notice to Produce required the first cross-defendant to produce documents relating to payments made for equipment, software and licences supplied under the subscriber agreements.' 'Whether the cross-claimant should be granted leave at a late stage of the part-heard proceeding to issue a fresh Notice to Produce seeking documents evidencing payment for software or software licences referred to in the subscriber agreements.' 'Whether the proposed categories of documents were too broad or sought for an impermissible forensic purpose.']

Ratio Decidendi

Paragraph 7 of the original Notice to Produce, read in context, meant documents concerning payments under the Rental Payment Agreement and did not require broader production of documents about payments for equipment, software or licences under the subscriber agreements. The proposed fresh Notice to Produce was too broad except for category 4 concerning documents and records relating to the purchase, acquisition or supply of "SQL 2008 R2 Server Edition", because that issue arose substantively in the evidence.

Court Disposition

Leave granted in part; balance of the Notice of Motion stood over; costs reserved.

Orders

  • ['Grant leave to the cross-claimant to issue a Notice to Produce directed to the first cross-defendant in terms of paragraph 4 of Exhibit "SG – 1" attached to the affidavit of Sergey Gorval dated 5 October 2018.' 'Stand the balance of the Notice of Motion filed on 5 October 2018 over to 22 November 2018.' 'Reserve...