IceTV Pty Ltd v Ross & ors [2009] NSWSC 832

IceTV Pty Ltd v Ross & ors [2009] NSWSC 832

The Notices to Produce were abuses of process because several categories duplicated existing discovery or sought to use a notice to produce for matters properly dealt with by further discovery, the categories were excessively wide and necessarily captured irrelevant and potentially privileged material, the notices were served shortly before trial and imposed an unreasonable burden, and they did not identify specific documents as required by UCPR r 21.10.

Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Procedural and Other Ruling / Application Concerning Notices to Produce Before Final Hearing
Outcome
Notices to Produce set aside; plaintiff ordered to pay defendants' costs of the application.
Legal Topics
['notice to Produce' 'discovery' 'specificity of Documents' 'abuse of Process' 'pre Trial Directions']
['civil Procedure'] ['notice to Produce' 'discovery' 'specificity of Documents' 'abuse of Process' 'pre Trial Directions']

Case Brief

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Procedural Posture

Procedural and Other Ruling / Application Concerning Notices to Produce Before Final Hearing

Legal Issues

  1. 1 ['Whether the Notices to Produce dated 26 March 2009 should be set aside as an abuse of process.' 'Whether a Notice to Produce may be used to obtain documents in categories already covered by discovery, removed from discovery, or not originally within discovery.' 'Whether the categories in the Notices to Produce were too broad and insufficiently specific under UCPR r 21.10.' 'Whether service of broad Notices to Produce shortly before trial imposed an unreasonable burden on the defendants.']

Ratio Decidendi

The Notices to Produce were abuses of process because several categories duplicated existing discovery or sought to use a notice to produce for matters properly dealt with by further discovery, the categories were excessively wide and necessarily captured irrelevant and potentially privileged material, the notices were served shortly before trial and imposed an unreasonable burden, and they did not identify specific documents as required by UCPR r 21.10.

Court Disposition

Notices to Produce set aside; plaintiff ordered to pay defendants' costs of the application.

Orders

  • ['The Notices to Produce addressed to the first defendant and to the second defendant dated 26 March 2009 be set aside.' "The plaintiff pay the defendants' costs of the application."]