George Ferizis & Co Pty Limited v Taurean Financial Planning Pty Ltd [2014] NSWDC 322

George Ferizis & Co Pty Limited v Taurean Financial Planning Pty Ltd [2014] NSWDC 322

The plaintiff is relieved from producing documents outside the scope of the pleadings as agreed to by the parties, and limited to specified categories in the Notice to Produce. Costs of the application are ordered as costs in the proceedings.

Parties
Plaintiff: George Ferizis & Co Pty Limited; First Defendant: Taurean Financial Planning Pty Ltd; Second Defendant: Andrew Mathews
Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Civil / Interlocutory Application
Outcome
interlocutory orders made
Legal Topics
Notice to Produce, Relief From Production, Interlocutory Orders, Costs
Civil Procedure Notice to Produce Relief From Production Interlocutory Orders Costs

Case Brief

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Parties

George Ferizis & Co Pty Limited

Plaintiff

Taurean Financial Planning Pty Ltd

First Defendant

Andrew Mathews

Second Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff should be relieved from producing certain documents specified in the Notice to Produce
  2. 2 Scope of documents required under the Notice to Produce paragraphs 1, 2, 9, and 10
  3. 3 Costs of interlocutory application

Ratio Decidendi

The plaintiff is relieved from producing documents outside the scope of the pleadings as agreed to by the parties, and limited to specified categories in the Notice to Produce. Costs of the application are ordered as costs in the proceedings.

Court Disposition

interlocutory orders made

Orders

  • Plaintiff relieved from producing for inspection documents outside the specified scope of Notice to Produce paragraphs 1, 2, 9, and 10.
  • Plaintiff's obligation to produce documents for inspection extends only to specified authorised representative agreements.