In the matter of Wan Jia (Australia) International Development Pty Ltd [2012] NSWSC 600

In the matter of Wan Jia (Australia) International Development Pty Ltd [2012] NSWSC 600

Paragraphs 2 to 5 of the Notice to Produce dated 7 March 2012 and the Notice to Produce dated 18 April 2012 do not comply with UCPR r 21.10(1)(b) as they fail to identify specific documents relevant to facts in issue. Relief sought regarding subpoenas is refused as documents have already been produced and inspected without timely objection or claim for privilege, thereby waiving any such entitlement.

Jurisdiction
Australia
Judgment Date
08 May 2012
Procedural Posture
Interlocutory Application / Ruling on Notices to Produce and Subpoenas
Outcome
Application partly allowed, partly refused
Legal Topics
['notice to Produce' 'application to Set Aside' 'ucpr R 21.10(1)(b)' 'document Identification' 'relevance to Fact in Issue' 'subpoenas' 'objection After Inspection' 'privilege Waiver' 'discretion to Restrain Use of Documents']
['practice & Procedure'] ['notice to Produce' 'application to Set Aside' 'ucpr R 21.10(1)(b)' 'document Identification' 'relevance to Fact in Issue' 'subpoenas' 'objection After Inspection' 'privilege Waiver' 'discretion to Restrain Use of Documents']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Notices to Produce and Subpoenas

Legal Issues

  1. 1 ['Whether paragraphs 2–5 of the Notice to Produce dated 7 March 2012 comply with UCPR r 21.10(1)(b)' 'Whether the Notice to Produce dated 18 April 2012 should be set aside' 'Whether subpoenas issued and documents inspected can now be objected to or restrained' 'Whether privilege has been waived by inspection without objection']

Ratio Decidendi

Paragraphs 2 to 5 of the Notice to Produce dated 7 March 2012 and the Notice to Produce dated 18 April 2012 do not comply with UCPR r 21.10(1)(b) as they fail to identify specific documents relevant to facts in issue. Relief sought regarding subpoenas is refused as documents have already been produced and inspected without timely objection or claim for privilege, thereby waiving any such entitlement.

Court Disposition

Application partly allowed, partly refused

Orders

  • ['Paragraphs 2, 3, 4, and 5 of the Notice to Produce dated 7 March 2012 set aside' 'Notice to Produce dated 18 April 2012 set aside' 'Relief otherwise refused' 'Plaintiff to produce to the defendants the documents described in paragraph 1 of the Notice to Produce dated 7 March 2012 by 11 May 2012' 'Defendants not...