Ali v Khan [2015] NSWSC 1961

Ali v Khan [2015] NSWSC 1961

Given the need for caution and insufficient justification for compelling third party discovery in this case, the Notice of Motion for a Sabre order is dismissed.

Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Notice of Motion dismissed
Legal Topics
['third Party Discovery' 'sabre Order' 'disclosure Principles']
['equity' 'civil Procedure'] ['third Party Discovery' 'sabre Order' 'disclosure Principles']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 ['Whether a Sabre order compelling a party to seek documents from third parties should be granted']

Ratio Decidendi

Given the need for caution and insufficient justification for compelling third party discovery in this case, the Notice of Motion for a Sabre order is dismissed.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion be dismissed.' 'The costs of the Notice of Motion be costs in the cause.']