Tony Hassan Noun v Margaret Pavey [2014] NSWSC 429

Tony Hassan Noun v Margaret Pavey [2014] NSWSC 429

The Notice to Produce and most subpoenas should be set aside because, save for certain paragraphs, they do not comply with the requirements of UCPR r 21.10 for identification and relevance of specific documents or things, and instead operate as an impermissible substitute for discovery, contrary to Practice Note No. 11. The remaining valid requests are specifically enumerated. Subpoenas, except where already valid and answered, are similarly set aside due to their breadth and lack of demonstrated relevance. The case is ordered to mediation after all affidavit evidence is served, to facilitate possible resolution before further costly steps are taken.

Jurisdiction
Australia
Judgment Date
07 April 2014
Procedural Posture
Civil (equity Division) / Interlocutory Motion Regarding Notice to Produce and Subpoenas
Outcome
Notice to Produce (except certain paragraphs) and subpoenas set aside; order for mediation after affidavit evidence served; affidavit timing direction; costs against plaintiffs.
Legal Topics
['notice to Produce' 'subpoenas' 'discovery' 'mediation' 'affidavit Evidence']
['civil Procedure' 'equity'] ['notice to Produce' 'subpoenas' 'discovery' 'mediation' 'affidavit Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil (equity Division) / Interlocutory Motion Regarding Notice to Produce and Subpoenas

Legal Issues

  1. 1 ["Whether the Notice to Produce complies with UCPR r 21.10 requirements for 'documents referred to' or 'specific identified documents' relevant to an issue." 'Whether the Notice to Produce and subpoenas are being used as a substitute for discovery, contrary to the Equity Practice Note No. 11.' 'Whether subpoenas are an abuse of process, given their scope and relevance.' 'Whether the proceedings should be referred to mediation after service of all affidavit evidence.']

Ratio Decidendi

The Notice to Produce and most subpoenas should be set aside because, save for certain paragraphs, they do not comply with the requirements of UCPR r 21.10 for identification and relevance of specific documents or things, and instead operate as an impermissible substitute for discovery, contrary to Practice Note No. 11. The remaining valid requests are specifically enumerated. Subpoenas, except where already valid and answered, are similarly set aside due to their breadth and lack of demonstrated relevance. The case is ordered to mediation after all affidavit evidence is served, to facilitate possible resolution before further costly steps are taken.

Court Disposition

Notice to Produce (except certain paragraphs) and subpoenas set aside; order for mediation after affidavit evidence served; affidavit timing direction; costs against plaintiffs.

Orders

  • ['Notice to Produce served on 25 February 2014 set aside except for paragraphs 15, 30, 31, 43, 45, 48, 56, 58, 60, 61, 70, 77, 79, 80, 82, 91, 97, 107, 124 and 126.' 'Subpoena to RCL Law Pty Ltd stands only to the extent of paragraph 13; all other subpoenas are set aside; Corrs Chambers Westgarth to return produced...