Brown and ors v Anstis anor [No. 1] [2013] NSWSC 1478

Brown and ors v Anstis anor [No. 1] [2013] NSWSC 1478

The documents sought in the notices to produce do not bear any apparent relevance to an issue in the proceedings, according to the test formulated for r. 34.1, and therefore the notices should be set aside.

Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Principal Judgment / Interlocutory Application Regarding Notices to Produce
Outcome
Notices to produce set aside; costs reserved
Legal Topics
['notices to Produce' 'relevance of Documents' 'transfer of Proceedings']
['practice and Procedure'] ['notices to Produce' 'relevance of Documents' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Principal Judgment / Interlocutory Application Regarding Notices to Produce

Legal Issues

  1. 1 ['Whether notices to produce dated 5 September 2013 should be set aside' 'Whether documents sought under either notice are relevant to the issues in the proceedings']

Ratio Decidendi

The documents sought in the notices to produce do not bear any apparent relevance to an issue in the proceedings, according to the test formulated for r. 34.1, and therefore the notices should be set aside.

Court Disposition

Notices to produce set aside; costs reserved

Orders

  • ['The notices to produce, each dated 5 September 2013 and issued to the plaintiffs and the first defendant, marked exhibits A and B respectively, are set aside.' 'I reserve the question of costs of the applications until the determination of the notice of motion.']