Land Enviro Corp Pty Ltd & ors v HTT Huntley Heritage Pty Ltd [2012] NSWCA 437

Land Enviro Corp Pty Ltd & ors v HTT Huntley Heritage Pty Ltd [2012] NSWCA 437

The Notices to Produce sought documents referred to in or connected with Mr Zdrilic's affidavit explaining delay and other matters potentially relevant to the extension of time application, including financial position. Because those documents would permit the respondent to challenge the appellants' basis for seeking leave to extend time, there was a legitimate forensic purpose for production, so the motion to set aside the Notices to Produce was dismissed with costs.

Jurisdiction
Australia
Judgment Date
10 December 2012
Procedural Posture
Interlocutory Application / Notice of Motion to Set Aside Notices to Produce for Inspection in Court of Appeal Proceedings
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['notices to Produce' 'adjectival Relevance' 'legitimate Forensic Purpose' 'extension of Time to File Notice of Appeal']
['practice and Procedure'] ['notices to Produce' 'adjectival Relevance' 'legitimate Forensic Purpose' 'extension of Time to File Notice of Appeal']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Notice of Motion to Set Aside Notices to Produce for Inspection in Court of Appeal Proceedings

Legal Issues

  1. 1 ['Whether the Notices to Produce For Inspection issued by the respondent should be set aside.' 'Whether the documents sought had potential relevance and a legitimate forensic purpose in relation to the application for an extension of time for filing the appeal.']

Ratio Decidendi

The Notices to Produce sought documents referred to in or connected with Mr Zdrilic's affidavit explaining delay and other matters potentially relevant to the extension of time application, including financial position. Because those documents would permit the respondent to challenge the appellants' basis for seeking leave to extend time, there was a legitimate forensic purpose for production, so the motion to set aside the Notices to Produce was dismissed with costs.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['The Notice of Motion seeking to set aside the Notices to Produce is dismissed with costs.' "The Notices to Produce addressed to the appellants are stood over to the Registrar's List at 9am on 11 December 2012."]