Haddad & Anor v Ko [2023] NSWSC 1030

Haddad & Anor v Ko [2023] NSWSC 1030

The plaintiffs' applications to set aside the second and third notices to produce were declined, because, as refined and narrowed by the court, the documents sought were apparently relevant to issues in the proceeding concerning whether Mr Haddad’s mental condition or inability to obtain finance was the impediment to completion. The requests were not oppressive as modified, and served a legitimate forensic purpose. The defendant’s discovery motion was not pressed as a result.

Jurisdiction
Australia
Judgment Date
29 August 2023
Procedural Posture
Amended Notice of Motion Civil Procedure / Ruling on Applications to Set Aside Notices to Produce Before Hearing
Outcome
Plaintiffs' applications to set aside the second and third notices to produce declined; certain paragraphs read down as indicated; defendant's motion not pressed; costs in the cause, subject to further order if sought.
Legal Topics
['notices to Produce' 'relevance of Documents' 'set Aside Application']
['civil Procedure'] ['notices to Produce' 'relevance of Documents' 'set Aside Application']

Case Brief

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Procedural Posture

Amended Notice of Motion Civil Procedure / Ruling on Applications to Set Aside Notices to Produce Before Hearing

Legal Issues

  1. 1 ["Whether the defendant's notices to produce should be set aside for lack of legitimate forensic purpose or apparent relevance" 'Whether paragraphs of certain notices to produce are impermissibly broad or oppressive']

Ratio Decidendi

The plaintiffs' applications to set aside the second and third notices to produce were declined, because, as refined and narrowed by the court, the documents sought were apparently relevant to issues in the proceeding concerning whether Mr Haddad’s mental condition or inability to obtain finance was the impediment to completion. The requests were not oppressive as modified, and served a legitimate forensic purpose. The defendant’s discovery motion was not pressed as a result.

Court Disposition

Plaintiffs' applications to set aside the second and third notices to produce declined; certain paragraphs read down as indicated; defendant's motion not pressed; costs in the cause, subject to further order if sought.

Orders

  • ['Second Notice to Produce not set aside.' 'Third Notice to Produce not set aside; paragraphs read down as indicated in reasons.' 'First Notice to Produce superseded; not pressed.' "Defendant's motion for discovery not pressed." 'Preliminary order that costs be in the cause unless another order is sought by 30...