Page v Rankine [2020] NSWSC 902

Page v Rankine [2020] NSWSC 902

The notice to produce and the defendant's notices of motion were set aside as they were misconceived, unclear, incompetent, and did not comply with court rules or previous orders; only applications relevant to extending or varying the March 2020 orders may be brought.

Parties
Plaintiff: James Michael Page; Defendant: Anthony John Rankine
Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Civil / Interlocutory
Outcome
Notice to produce and defendant's notices of motion set aside; costs ordered against defendant; liberty to file limited amended notice of motion.
Legal Topics
Interlocutory Applications, Notice to Produce, Extension of Time, Setting Aside Orders, Costs
Civil Procedure Probate and Administration of Estates Interlocutory Applications Notice to Produce Extension of Time Setting Aside Orders Costs

Case Brief

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Parties

James Michael Page

Plaintiff

Anthony John Rankine

Defendant

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether the notice to produce issued by the defendant should be set aside
  2. 2 Whether the notices of motion filed by the defendant should be set aside
  3. 3 Proper scope of interlocutory applications in probate proceedings

Ratio Decidendi

The notice to produce and the defendant's notices of motion were set aside as they were misconceived, unclear, incompetent, and did not comply with court rules or previous orders; only applications relevant to extending or varying the March 2020 orders may be brought.

Court Disposition

Notice to produce and defendant's notices of motion set aside; costs ordered against defendant; liberty to file limited amended notice of motion.

Orders

  • Notice to produce to court issued by defendant to plaintiff dated 12 June 2020 is set aside.
  • Notices of motion filed by defendant on 15 June 2020 and 23 June 2020 are set aside, with liberty to defendant to file within seven days an amended notice of motion limited to applications for extension of time to comply with orders made on 30 March 2020 pursuant to r 1.12(1) of the Uniform Civil Procedure Rules...