In the matter of Classic Corporation Pty Limited [2016] NSWSC 1634
The Court ordered that the fourth and fifth defendants produce to the Court the documents described in the Request For Disclosure as annexed to the affidavit, pursuant to Civil Procedure Act 2005 s 68, as this form of order was appropriate given the lack of opposition and the nature of the documents sought.
- Jurisdiction
- Australia
- Judgment Date
- 06 June 2016
- Procedural Posture
- Interlocutory Application / Hearing of Discovery/production Orders
- Outcome
- Order for production made; proceedings adjourned
- Legal Topics
- ['discovery of Documents' 'production of Documents' 'civil Procedure Act S 68' 'confidentiality and Prejudice in Discovery']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Hearing of Discovery/production Orders
Legal Issues
- 1 ['Whether an order for verified discovery or production of documents in specified classes should be made' 'Whether the classes of documents sought should be produced despite not being available under general discovery' 'Application of Civil Procedure Act 2005 s 68 to orders for production']
Ratio Decidendi
The Court ordered that the fourth and fifth defendants produce to the Court the documents described in the Request For Disclosure as annexed to the affidavit, pursuant to Civil Procedure Act 2005 s 68, as this form of order was appropriate given the lack of opposition and the nature of the documents sought.
Court Disposition
Order for production made; proceedings adjourned
Orders
- ['Fourth and fifth defendants to produce to the Court on 20 June 2016 at 10am the documents described in para 1 through 11 of the Request For Disclosure marked as annexure A to the affidavit of Alex Attapallil sworn 2 June 2016.' 'Proceedings adjourned to 20 June 2016 at 10am for further directions.']
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