IC Pipes Pty Limited v DGS Trading Pty Limited [2022] NSWSC 951

IC Pipes Pty Limited v DGS Trading Pty Limited [2022] NSWSC 951

The objected-to parts of the notice to produce were set aside because the pleadings had not closed, the second and third defendants had not filed evidence, and Mr Blanch had not shown exceptional circumstances warranting disclosure before those steps. In any event, the struck-out categories had not presently been...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Civil Procedure; Notice to Produce and Summary Dismissal Motions / Equity Applications List
Outcome
Notice to produce set aside in part; second and third defendants' motion filed 6 April 2022 dismissed with costs.
Legal Topics
['discovery' 'notice to Produce' 'disclosure Before Evidence' 'practice Note SC Eq 11' 'costs' 'summary Dismissal Motion']
['civil Procedure' 'equity Procedure'] ['discovery' 'notice to Produce' 'disclosure Before Evidence' 'practice Note SC Eq 11' 'costs' 'summary Dismissal Motion']

Source-derived case record

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Procedural Posture

Civil Procedure; Notice to Produce and Summary Dismissal Motions / Equity Applications List

Legal Issues

  1. 1 ["Whether paragraphs of the second and third defendants' notice to produce should be set aside before pleadings had closed and before the second and third defendants had filed evidence." 'Whether exceptional circumstances necessitated disclosure before evidence had been served under Practice Note SC Eq 11.' 'Whether the objected-to categories appeared relevant to a fact in issue.' "Whether the second and third defendants' notice of motion filed 6 April 2022 should be dismissed after Mr Blanch decided not to press it." 'Costs of the motions.']

Ratio Decidendi

The objected-to parts of the notice to produce were set aside because the pleadings had not closed, the second and third defendants had not filed evidence, and Mr Blanch had not shown exceptional circumstances warranting disclosure before those steps. In any event, the struck-out categories had not presently been shown to be relevant to a fact in issue. The second and third defendants' separate motion was dismissed because Mr Blanch no longer wished to press it and did not oppose dismissal.

Court Disposition

Notice to produce set aside in part; second and third defendants' motion filed 6 April 2022 dismissed with costs.

Orders

  • ['Set aside paragraphs 1 to 4, 6, 7, 8, 15 to 19, 20 to 25, 26, 27 to 34, 40, 41, 43, 45 and 46 of the notice of motion issued on behalf of the second and third defendants dated 20 January 2022.' "The second and third defendants are to pay the plaintiffs' costs of paragraph 2 of their notice of motion originally...