Prechelt, in the matter of Hillcrest Pty Ltd v Hillcrest Pty Ltd [2017] NFSC 1

Prechelt, in the matter of Hillcrest Pty Ltd v Hillcrest Pty Ltd [2017] NFSC 1

The notices to produce must be limited to categories of documents that are sufficiently particularised, relate to matters in issue in the proceeding, and are not fishing for evidence. Accordingly, certain categories in the notices to Heritage Hill and Mr King were deleted or amended to restrict production to written shareholders agreements concerning the ownership of shares in Heritage Hill.

Jurisdiction
Australia
Judgment Date
19 January 2017
Procedural Posture
Application / Interlocutory (application to Set Aside/amend Notices of Non Party Production)
Outcome
Notice of Non-Party Production orders varied/amended; parties to be heard on costs.
Legal Topics
['non Party Production' 'winding Up' 'insolvency' 'oppression Remedy']
['practice and Procedure' 'company Law'] ['non Party Production' 'winding Up' 'insolvency' 'oppression Remedy']

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Procedural Posture

Application / Interlocutory (application to Set Aside/amend Notices of Non Party Production)

Legal Issues

  1. 1 ['Whether categories specified in notices to produce are reasonably necessary for fairly disposing of the proceeding' 'Whether notices to produce specifically particularise documents sought' 'Whether notices are being used for fishing' 'Whether documents sought relate to matters in issue']

Ratio Decidendi

The notices to produce must be limited to categories of documents that are sufficiently particularised, relate to matters in issue in the proceeding, and are not fishing for evidence. Accordingly, certain categories in the notices to Heritage Hill and Mr King were deleted or amended to restrict production to written shareholders agreements concerning the ownership of shares in Heritage Hill.

Court Disposition

Notice of Non-Party Production orders varied/amended; parties to be heard on costs.

Orders

  • ['Notice to Heritage Hill Investments Pty Ltd amended: paragraphs 2 and 8 deleted; paragraph 7 replaced to require production of all written shareholders agreements between Mr Kerry Douran and Mr King concerning the ownership of shares in Heritage Hill.' 'Notice to Michael William King amended: paragraphs 1, 2, 4,...