Zouk v Lyons Road Pty Ltd [2009] NSWADT 203

Zouk v Lyons Road Pty Ltd [2009] NSWADT 203

Only documents from the 2004 financial year onwards are relevant and must be produced, as records prior to that have no apparent relevance. Costs of production are to be costs in the cause; a specific period for production is set.

Parties
Applicant: Emelie Zouk; Applicant: Emelie Zouk Pty Limited; Respondent: Lyons Road Pty Limited
Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Retail Lease/interlocutory Application / Interlocutory Decision on Production of Documents
Outcome
Orders for production of documents and directions made
Legal Topics
Production of Documents, Apparent Relevance, Costs of Compliance
Retail Leases Evidence Production of Documents Apparent Relevance Costs of Compliance

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Emelie Zouk

Applicant

Emelie Zouk Pty Limited

Applicant

Lyons Road Pty Limited

Respondent

Procedural Posture

Retail Lease/interlocutory Application / Interlocutory Decision on Production of Documents

Legal Issues

  1. 1 Whether the tenant should be ordered to produce specified documents to the landlord
  2. 2 What is the relevant period and scope for production of financial records in relation to the alleged loss

Ratio Decidendi

Only documents from the 2004 financial year onwards are relevant and must be produced, as records prior to that have no apparent relevance. Costs of production are to be costs in the cause; a specific period for production is set.

Court Disposition

Orders for production of documents and directions made

Orders

  • The Applicant is directed to produce to the Respondent within 21 days all documents within its control or possession as specified (a-f).
  • The Applicant's costs of compliance with Order 1 are to be costs in the cause.