Shurat HaDin, Israel Law Center v Lynch [2014] FCA 226

Shurat HaDin, Israel Law Center v Lynch [2014] FCA 226

The material sought by the notice to produce was not shown to be sufficiently relevant to the security for costs or costs capping application, so the notice was set aside without need to examine claims of privilege.

Parties
First Applicant: SHURAT HADIN – THE ISRAEL LAW CENTER; Second Applicant: DAVID HANS LANGE; Third Applicant: JONATHAN ROSE; Fourth Applicant: ANDREW HAMILTON; Fifth Applicant: GREEN FREEDOM LIMITED (ISRAEL COMPANY NUMBER 514 331 479); Respondent: JAKE LYNCH
Jurisdiction
Australia
Judgment Date
26 February 2014
Procedural Posture
Interlocutory Application / Application to Set Aside Notice to Produce
Outcome
Applicants' notice to produce set aside; no order as to costs.
Legal Topics
Notice to Produce, Security for Costs, Costs Capping Order, Legal Professional Privilege, Relevance of Documents
Civil Procedure Notice to Produce Security for Costs Costs Capping Order Legal Professional Privilege Relevance of Documents

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Parties

SHURAT HADIN – THE ISRAEL LAW CENTER

First Applicant

DAVID HANS LANGE

Second Applicant

JONATHAN ROSE

Third Applicant

ANDREW HAMILTON

Fourth Applicant

GREEN FREEDOM LIMITED (ISRAEL COMPANY NUMBER 514 331 479)

Fifth Applicant

JAKE LYNCH

Respondent

Procedural Posture

Interlocutory Application / Application to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether the notice to produce served by the applicants should be set aside
  2. 2 Whether the documents sought are relevant to the application for security for costs or costs capping order
  3. 3 Whether the documents are subject to legal professional privilege

Ratio Decidendi

The material sought by the notice to produce was not shown to be sufficiently relevant to the security for costs or costs capping application, so the notice was set aside without need to examine claims of privilege.

Court Disposition

Applicants' notice to produce set aside; no order as to costs.

Orders

  • The applicants' notice to produce dated 25 February 2014 be set aside.
  • The sealed envelope containing documents produced by the respondent in answer to the notice to produce be returned to the respondent.