Millennium Charters Pty Limited v Macarthur Jet Charter Pty Limited [2020] NSWDC 263

Millennium Charters Pty Limited v Macarthur Jet Charter Pty Limited [2020] NSWDC 263

Because Millennium pleaded that its loss depended on inability to source, or economically source, an equivalent replacement aircraft, documents concerning attempts to source replacement aircraft and documents recording the sale of the aircraft were relevant and sufficiently identified. However, documents used to calculate pleaded damages might include privileged documents and their production without inspection would not advance the overriding purpose; Millennium was therefore relieved from producing that category on terms that it provide full particulars of the damages calculations and serve any expert report it intended to rely on for quantification.

Jurisdiction
Australia
Judgment Date
07 May 2020
Procedural Posture
Civil Procedure Notice to Produce Dispute / Plaintiff's Notice of Motion Filed 2 March 2020 to Set Aside a Notice to Produce, Determined on the Papers Before Hearing
Outcome
Notice of motion partly allowed; plaintiff relieved from producing documents answering paragraphs 5, 6 and 7 of the notice to produce, otherwise motion dismissed with directions for damages particulars and expert report service.
Legal Topics
['notices to Produce Before Hearing' 'relevance to Facts in Issue' 'identification of Documents With Particularity' 'particulars of Damages' 'costs']
['civil Procedure'] ['notices to Produce Before Hearing' 'relevance to Facts in Issue' 'identification of Documents With Particularity' 'particulars of Damages' 'costs']

Case Brief

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Procedural Posture

Civil Procedure Notice to Produce Dispute / Plaintiff's Notice of Motion Filed 2 March 2020 to Set Aside a Notice to Produce, Determined on the Papers Before Hearing

Legal Issues

  1. 1 ["Whether documents sought by the defendants' notice to produce were relevant to the issues raised by the pleadings." 'Whether the notice to produce identified the documents sought with sufficient particularity.' 'Whether the plaintiff should be relieved from producing documents used to calculate its claimed damages and instead provide particulars and any expert report.' 'Whether the plaintiff should be relieved from producing documents recording the sale of the aircraft.' 'What costs order should be made on the motion.']

Ratio Decidendi

Because Millennium pleaded that its loss depended on inability to source, or economically source, an equivalent replacement aircraft, documents concerning attempts to source replacement aircraft and documents recording the sale of the aircraft were relevant and sufficiently identified. However, documents used to calculate pleaded damages might include privileged documents and their production without inspection would not advance the overriding purpose; Millennium was therefore relieved from producing that category on terms that it provide full particulars of the damages calculations and serve any expert report it intended to rely on for quantification.

Court Disposition

Notice of motion partly allowed; plaintiff relieved from producing documents answering paragraphs 5, 6 and 7 of the notice to produce, otherwise motion dismissed with directions for damages particulars and expert report service.

Orders

  • ['Pursuant to UCP Rule 34.2(1), I relieve the plaintiff from producing documents answering paragraphs 5, 6 and 7 of the Notice to Produce issued by the defendants on 19 February 2020.' 'I direct the plaintiff to provide full particulars of its damages, including the method of calculation used to derive the figures...