Eastcoast Underground P/L v. Insituform Technologies Inc [1994] FCA 779

Eastcoast Underground P/L v. Insituform Technologies Inc [1994] FCA 779

The notice to produce (paragraphs 1 to 6) should not be set aside because the documents sought by the respondent are potentially relevant to the respondent's contention that the applicant's offsetting claim is spurious, having possibly been fabricated after the statutory demand was served in light of the applicant's financial position.

Parties
Applicant: Eastcoast Underground Pty Ltd; Respondent: Insituform Technologies Inc
Jurisdiction
Australia
Judgment Date
17 October 1994
Procedural Posture
Motion / Interlocutory Application to Set Aside Notice to Produce
Outcome
Motion dismissed
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Notice to Produce, Offsetting Claim, Insolvency
Corporations Law Procedural Law Statutory Demand Setting Aside Statutory Demand Notice to Produce Offsetting Claim Insolvency

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Parties

Eastcoast Underground Pty Ltd

Applicant

Insituform Technologies Inc

Respondent

Procedural Posture

Motion / Interlocutory Application to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether the notice to produce (paragraphs 1 to 6) should be set aside
  2. 2 Whether the documents sought are relevant to the issue of the offsetting claim and its alleged spuriousness

Ratio Decidendi

The notice to produce (paragraphs 1 to 6) should not be set aside because the documents sought by the respondent are potentially relevant to the respondent's contention that the applicant's offsetting claim is spurious, having possibly been fabricated after the statutory demand was served in light of the applicant's financial position.

Court Disposition

Motion dismissed

Orders

  • The applicant's motion by notice of motion dated 12 October 1994 for an order setting aside the notice to produce is dismissed.
  • The applicant is to pay the respondent's costs of the motion.