Silberstein v The Owners – Strata Plan No 55468 & Ors [2022] NSWCATCD 207

Silberstein v The Owners – Strata Plan No 55468 & Ors [2022] NSWCATCD 207

Paragraph 3 of the schedule to the summons is set aside because it lacks reasonable particularity and constitutes a fishing expedition, as it imposes an unduly broad and complex obligation for the recipient to make judgments on relevance and scope not justified by pleaded issues.

Jurisdiction
Australia
Judgment Date
14 December 2022
Procedural Posture
Application to Set Aside Summons / Procedural Ruling on Summons to Produce
Outcome
Paragraph 3 of the summons set aside; directions for potential costs submissions issued.
Legal Topics
['subpoena/summons to Produce' 'discovery' 'oppression' 'fishing Expedition']
['civil Procedure'] ['subpoena/summons to Produce' 'discovery' 'oppression' 'fishing Expedition']

Case Brief

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Procedural Posture

Application to Set Aside Summons / Procedural Ruling on Summons to Produce

Legal Issues

  1. 1 ["Whether paragraph 3 of the summons to produce should be set aside for lack of reasonable particularity and for constituting a 'fishing expedition'." 'Whether the breadth and nature of the summons categories are oppressive or impermissibly broad.']

Ratio Decidendi

Paragraph 3 of the schedule to the summons is set aside because it lacks reasonable particularity and constitutes a fishing expedition, as it imposes an unduly broad and complex obligation for the recipient to make judgments on relevance and scope not justified by pleaded issues.

Court Disposition

Paragraph 3 of the summons set aside; directions for potential costs submissions issued.

Orders

  • ['Paragraph 3 of the Schedule to the summons issued on 4 October 2022 at the request of the applicant to the first respondent is set aside.' 'If the respondents seek costs, they should file and serve submissions as to costs by 23 December 2023.' 'The applicant may respond by 23 January 2023.' 'The respondent may...