Charara v Grewal [2013] NSWSC 1015

Charara v Grewal [2013] NSWSC 1015

The defendants' request for production of MYOB electronic files was reasonable and practical; plaintiff controlled the files and was obliged to produce them. The plaintiff's objections were rejected, and an order compelling production was appropriate under s169(1) Evidence Act 1995 (NSW). Access should be restricted to ensure proper use.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Interlocutory Application / Application for Order Compelling Production of Evidence
Outcome
application granted
Legal Topics
['production of Documents' 'misfeasance in Public Office' 'audit' 'authentication of Evidence']
['evidence' 'corporations'] ['production of Documents' 'misfeasance in Public Office' 'audit' 'authentication of Evidence']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Order Compelling Production of Evidence

Legal Issues

  1. 1 ['Whether the plaintiff should be compelled to produce MYOB electronic files under s169 Evidence Act 1995 (NSW)' 'Whether the request for production is reasonable under s167 Evidence Act 1995 (NSW)' "Whether the plaintiff's refusal is justified by the alleged impracticality or lack of control"]

Ratio Decidendi

The defendants' request for production of MYOB electronic files was reasonable and practical; plaintiff controlled the files and was obliged to produce them. The plaintiff's objections were rejected, and an order compelling production was appropriate under s169(1) Evidence Act 1995 (NSW). Access should be restricted to ensure proper use.

Court Disposition

application granted

Orders

  • ['Plaintiff to produce the MYOB electronic file or files in relation to Media Press Computer Supplier Pty Ltd for the period 1 May 2007 to date by 10 August 2013, using the 16 GB USB stick provided by the defendants, together with administrator ID and password.' "Access to the files and any expert report restricted...