James Vos v Macquarie Leasing Pty Limited [2016] NSWCA 299

James Vos v Macquarie Leasing Pty Limited [2016] NSWCA 299

No question of principle or general importance was demonstrated; the primary judge's discretionary decision to set aside the notice to produce as an abuse of process revealed no relevant error, and substantial parts of the settlement deed had already been disclosed. There was no reason in the circumstances to grant leave to appeal on that or the associated costs orders.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders in District Court; Decision of Court of Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['notice to Produce' 'abuse of Process' 'leave to Appeal' 'interlocutory Orders' 'costs']
['civil Procedure'] ['notice to Produce' 'abuse of Process' 'leave to Appeal' 'interlocutory Orders' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders in District Court; Decision of Court of Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in setting aside a notice to produce as an abuse of process' 'Whether leave to appeal should be granted in respect of interlocutory orders including costs']

Ratio Decidendi

No question of principle or general importance was demonstrated; the primary judge's discretionary decision to set aside the notice to produce as an abuse of process revealed no relevant error, and substantial parts of the settlement deed had already been disclosed. There was no reason in the circumstances to grant leave to appeal on that or the associated costs orders.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['The summons for leave to appeal is dismissed.' "The applicant pay the respondents' costs of the summons for leave to appeal." 'Pursuant to Uniform Civil Procedure Rules r 33.4, the whole of the notice to produce filed on, and/or served on 21 October 2016 by the applicant be set aside on the ground that the notice...