Grace v Grace (No 8) [2014] NSWSC 419

Grace v Grace (No 8) [2014] NSWSC 419

Paragraph 3 of the notice to produce does not seek impermissible discovery and is not oppressive, except as regards certain loan accounts unlikely to contain relevant evidence. The defendant is not entitled to redact irrelevant entries absent leave of court, and is not entitled to rely on the Etham Avenue form of account unless a schedule identifying supporting evidence is served. The second defendant is relieved from producing bank statements for certain specified accounts; orders as to costs are made accordingly.

Jurisdiction
Australia
Judgment Date
10 April 2014
Procedural Posture
Interlocutory Application / Post Substantive Judgment, Interlocutory Applications Regarding Notice to Produce and Directions
Outcome
Second defendant partially relieved from compliance with notice to produce; other orders made regarding timing, costs, and evidentiary cross-referencing.
Legal Topics
['notice to Produce' 'cross Referencing of Evidence' 'redaction of Documents' 'subpoenas' 'accounts and Inquiries']
['equity' 'civil Procedure'] ['notice to Produce' 'cross Referencing of Evidence' 'redaction of Documents' 'subpoenas' 'accounts and Inquiries']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Post Substantive Judgment, Interlocutory Applications Regarding Notice to Produce and Directions

Legal Issues

  1. 1 ['Whether the notice to produce served on the second defendant seeks discovery or is being used as a substitute for discovery' 'Whether the notice to produce has been served bona fide for a legitimate forensic purpose' 'Whether the notice to produce is oppressive' 'Whether redaction of irrelevant information from bank statements produced is permissible without leave' 'Whether the defendant is entitled to rely on the Etham Avenue form of account without cross-referencing to evidence']

Ratio Decidendi

Paragraph 3 of the notice to produce does not seek impermissible discovery and is not oppressive, except as regards certain loan accounts unlikely to contain relevant evidence. The defendant is not entitled to redact irrelevant entries absent leave of court, and is not entitled to rely on the Etham Avenue form of account unless a schedule identifying supporting evidence is served. The second defendant is relieved from producing bank statements for certain specified accounts; orders as to costs are made accordingly.

Court Disposition

Second defendant partially relieved from compliance with notice to produce; other orders made regarding timing, costs, and evidentiary cross-referencing.

Orders

  • ["Pursuant to UCPR r 34.2(1), second defendant not required to produce, under paragraph 3 of the plaintiff's notice to produce dated 30 October 2013, bank statements in respect of certain accounts." 'Time for compliance with notice otherwise extended to 8 May 2014.' 'Second defendant has liberty to apply for any...