Foyster v Foyster Holdings [2002] NSWSC 959

Foyster v Foyster Holdings [2002] NSWSC 959

The notices to produce were set aside because the expression "King Island prospect", even when read with the points of claim, was uncertain, and because the notices required the fifth and sixth defendants to determine or guess the underlying relevance of broad classes of communications, making them an impermissible substitute for discovery before the issues had been sufficiently defined by the pleadings.

Jurisdiction
Australia
Judgment Date
16 October 2002
Procedural Posture
Equity Division, Corporations List Proceeding Concerning Notices to Produce / Notice of Motion by the Fifth and Sixth Defendants to Set Aside Notices to Produce Before Pleadings Had Closed
Outcome
Notices to produce set aside, with no order as to costs.
Legal Topics
['notice to Produce' 'oppression' 'discovery' 'subpoenas' 'precision and Certainty in Compulsory Production' 'corporations Act Duties and Appointments']
['civil Procedure' 'corporations'] ['notice to Produce' 'oppression' 'discovery' 'subpoenas' 'precision and Certainty in Compulsory Production' 'corporations Act Duties and Appointments']

Case Brief

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Procedural Posture

Equity Division, Corporations List Proceeding Concerning Notices to Produce / Notice of Motion by the Fifth and Sixth Defendants to Set Aside Notices to Produce Before Pleadings Had Closed

Legal Issues

  1. 1 ['Whether the notices to produce were so broad, unfocussed or uncertain as to be oppressive.' 'Whether the notices to produce were an impermissible substitute for discovery.' 'Whether the expression "King Island prospect" gave sufficient certainty to identify the documents required to be produced.']

Ratio Decidendi

The notices to produce were set aside because the expression "King Island prospect", even when read with the points of claim, was uncertain, and because the notices required the fifth and sixth defendants to determine or guess the underlying relevance of broad classes of communications, making them an impermissible substitute for discovery before the issues had been sufficiently defined by the pleadings.

Court Disposition

Notices to produce set aside, with no order as to costs.

Orders

  • ['The notices to produce documents dated 24 May 2002 served on the fifth and sixth defendants by the plaintiff are set aside.' 'No order as to the costs of the application.']