National Australia Bank Ltd v Melhem [2015] NSWSC 1008

National Australia Bank Ltd v Melhem [2015] NSWSC 1008

Orders for production of documents were varied to limit disclosure to the sale price of the Wingen property and a breakdown of sale proceeds, as these relate to the amount owing; broader category 7 documents are beyond current issues and not justified by pleadings.

Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Claim for Possession / Early Judicial Directions; Variation of Previous Orders
Outcome
Orders of 22 July 2015 varied; Bank required to supply limited documents; all other orders confirmed.
Legal Topics
['directions for Production of Documents' 'variation of Orders' 'claim for Possession']
['procedure'] ['directions for Production of Documents' 'variation of Orders' 'claim for Possession']

Case Brief

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Procedural Posture

Claim for Possession / Early Judicial Directions; Variation of Previous Orders

Legal Issues

  1. 1 ['Whether the direction for production of documents should be varied due to consent given beyond instructions and documents going beyond issues between the parties']

Ratio Decidendi

Orders for production of documents were varied to limit disclosure to the sale price of the Wingen property and a breakdown of sale proceeds, as these relate to the amount owing; broader category 7 documents are beyond current issues and not justified by pleadings.

Court Disposition

Orders of 22 July 2015 varied; Bank required to supply limited documents; all other orders confirmed.

Orders

  • ['In lieu of the documents ordered to be provided in category 7, the Plaintiff is to supply the sale price of the Wingen property and a breakdown of how the sale proceeds have been applied by NAB.' 'All other orders made by Davies J on 22 July 2015 confirmed.']