Jetobee Pty Ltd v Smith [2016] NSWSC 1297

Jetobee Pty Ltd v Smith [2016] NSWSC 1297

Ms Smith did not establish a sufficient claim of confidentiality to set aside the notice to produce or to withhold unredacted credit card statements, but some protection of personal expenditure information was appropriate by limiting access to the plaintiffs' legal advisers and the liquidator and by permitting redaction only of the first 12 digits of each 16-digit credit card account number.

Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Equity Corporations List; Practice and Procedure Notice to Produce Ruling / Defendant's Amended Notice of Motion Seeking to Set Aside a Notice to Produce and Leave to Serve Further Evidence
Outcome
Defendant's amended notice of motion to set aside the notice to produce failed except that the defendant was permitted to redact the first 12, but not the last four, numbers of each credit card account number; leave to serve further affidavit evidence was granted.
Legal Topics
['notice to Produce' 'production of Documents' 'redaction' 'confidentiality' 'credit Card Statements' 'suppression Order' 'leave to Serve Further Evidence']
['practice and Procedure' 'corporations' 'equity'] ['notice to Produce' 'production of Documents' 'redaction' 'confidentiality' 'credit Card Statements' 'suppression Order' 'leave to Serve Further Evidence']

Case Brief

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Procedural Posture

Equity Corporations List; Practice and Procedure Notice to Produce Ruling / Defendant's Amended Notice of Motion Seeking to Set Aside a Notice to Produce and Leave to Serve Further Evidence

Legal Issues

  1. 1 ['Whether the defendant was entitled to rely on redacted copies of credit card statements in response to a notice to produce.' 'Whether alleged confidentiality over personal credit card entries justified withholding unredacted statements from the plaintiffs.' 'Whether the Court should inspect the unredacted documents itself to determine confidentiality.' 'Whether any redaction of credit card account numbers should be permitted.' 'Whether a suppression order was appropriate.']

Ratio Decidendi

Ms Smith did not establish a sufficient claim of confidentiality to set aside the notice to produce or to withhold unredacted credit card statements, but some protection of personal expenditure information was appropriate by limiting access to the plaintiffs' legal advisers and the liquidator and by permitting redaction only of the first 12 digits of each 16-digit credit card account number.

Court Disposition

Defendant's amended notice of motion to set aside the notice to produce failed except that the defendant was permitted to redact the first 12, but not the last four, numbers of each credit card account number; leave to serve further affidavit evidence was granted.

Orders

  • ["Unredacted copies of the credit card statements, except for redaction of the first 12 of the 16 credit card account numbers, are to be produced to the plaintiffs' solicitors by 5pm on 15 September 2016." "The documents produced are to be kept confidential to the plaintiffs' legal advisers and to the second...