Hamod v State of New South Wales (No 8) [2008] NSWSC 125

Hamod v State of New South Wales (No 8) [2008] NSWSC 125

The notices to produce were set aside because their breadth and length made compliance extremely time consuming, costly and onerous; much of the material sought fell within categories already discovered; and the notices were vexatious, oppressive and an abuse of process, being plainly flawed notwithstanding the first plaintiff's lack of legal representation.

Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Civil Procedure Ruling / Defendants' Notices of Motion to Set Aside Notices to Produce
Outcome
Both notices to produce were set aside, with the first plaintiff ordered to pay the costs of the defendants' notices of motion.
Legal Topics
['notices to Produce' 'setting Aside Notices to Produce' 'oppression' 'relevance' 'specificity' 'discovery' 'abuse of Process']
['civil Procedure'] ['notices to Produce' 'setting Aside Notices to Produce' 'oppression' 'relevance' 'specificity' 'discovery' 'abuse of Process']

Case Brief

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Procedural Posture

Civil Procedure Ruling / Defendants' Notices of Motion to Set Aside Notices to Produce

Legal Issues

  1. 1 ['Whether the notice to produce served by the first plaintiff on the first defendant should be set aside as oppressive, insufficiently specific, irrelevant, an attempt to obtain further discovery, or an abuse of process.' 'Whether the notice to produce served by the first plaintiff on the second defendant should be set aside as oppressive, insufficiently specific, irrelevant, an attempt to obtain further discovery, or an abuse of process.']

Ratio Decidendi

The notices to produce were set aside because their breadth and length made compliance extremely time consuming, costly and onerous; much of the material sought fell within categories already discovered; and the notices were vexatious, oppressive and an abuse of process, being plainly flawed notwithstanding the first plaintiff's lack of legal representation.

Court Disposition

Both notices to produce were set aside, with the first plaintiff ordered to pay the costs of the defendants' notices of motion.

Orders

  • ['Notice to produce filed 23 November 2007 issued to the first defendant is set aside.' "Order the first plaintiff to pay the first defendant's costs of its notice of motion filed 11 December 2007." 'Notice to produce filed 23 November 2007 issued to the second defendant is set aside.' "Order the first plaintiff to...