Grace v Grace [2010] NSWSC 1513

Grace v Grace [2010] NSWSC 1513

Notices to produce served late in trial, calling for extensive documents requiring significant effort within limited time, are prima facie oppressive and should be set aside.

Jurisdiction
Australia
Judgment Date
02 November 2010
Procedural Posture
Interlocutory Motion / Ruling on Notice to Produce During Trial
Outcome
Notices to produce of 29 October 2010 set aside
Legal Topics
['notice to Produce' 'oppressiveness of Procedural Steps' 'discovery']
['civil Procedure'] ['notice to Produce' 'oppressiveness of Procedural Steps' 'discovery']

Case Brief

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Procedural Posture

Interlocutory Motion / Ruling on Notice to Produce During Trial

Legal Issues

  1. 1 ['Whether notices to produce served during trial should be set aside as oppressive']

Ratio Decidendi

Notices to produce served late in trial, calling for extensive documents requiring significant effort within limited time, are prima facie oppressive and should be set aside.

Court Disposition

Notices to produce of 29 October 2010 set aside

Orders

  • ['Notices to produce of 29 October 2010 set aside' 'Costs of the motion are costs in the proceedings']