Joseph v Spencer (No 5) [2021] NSWLEC 139

Joseph v Spencer (No 5) [2021] NSWLEC 139

There is no apparent legitimate forensic purpose or relevance in requiring Ms Spencer to produce documents relating to her accommodation in Queensland, as these documents do not bear on the matters in dispute in the proceedings. The requirements of s 108A of the Evidence Act are not engaged, as there is no 'previous representation' to which it could apply.

Parties
Applicant: Michael Joseph; First Respondent: Ricardo Spencer; Second Respondent: Jennifer Spencer
Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Interlocutory Application / Notice of Motion to Set Aside Notice to Produce
Outcome
Notice to Produce to the Court No 3 addressed to Ms Spencer is set aside
Legal Topics
Notice to Produce, Trees (disputes Between Neighbours) Act, Evidentiary Relevance
Procedural Law Notice to Produce Trees (disputes Between Neighbours) Act Evidentiary Relevance

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Parties

Michael Joseph

Applicant

Ricardo Spencer

First Respondent

Jennifer Spencer

Second Respondent

Procedural Posture

Interlocutory Application / Notice of Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether Notice to Produce to the Court No 3 discloses any legitimate forensic purpose relevant to issues in dispute
  2. 2 Whether s 108A of the Evidence Act 1995 (NSW) justifies requiring compliance with the Notice

Ratio Decidendi

There is no apparent legitimate forensic purpose or relevance in requiring Ms Spencer to produce documents relating to her accommodation in Queensland, as these documents do not bear on the matters in dispute in the proceedings. The requirements of s 108A of the Evidence Act are not engaged, as there is no 'previous representation' to which it could apply.

Court Disposition

Notice to Produce to the Court No 3 addressed to Ms Spencer is set aside

Orders

  • The Notice to Produce to the Court served by the Applicant on the Second Respondent and entitled Notice to Produce to the Court No 3 is set aside.