WENTWORTH v DE MONTFORT (on application to set aside pars 7 and 9 of notice to produce) [1989] NSWCA 226

WENTWORTH v DE MONTFORT (on application to set aside pars 7 and 9 of notice to produce) [1989] NSWCA 226

The grounds to support the notice to produce financial records and audit trails were not laid, and the application to adduce fresh evidence did not warrant such documentation. Thus, paragraphs 7 and 9 of the notice to produce were set aside.

Parties
Claimant: Wentworth; Opponent: De Montfort
Jurisdiction
Australia
Judgment Date
01 May 1989
Procedural Posture
Application to Set Aside Notice to Produce / Interlocutory
Outcome
Application granted; paragraphs 7 and 9 of the notice to produce set aside.
Legal Topics
Notice to Produce, Fresh Evidence, Subpoena Duces Tecum
Civil Procedure Notice to Produce Fresh Evidence Subpoena Duces Tecum

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Parties

Wentworth

Claimant

De Montfort

Opponent

Procedural Posture

Application to Set Aside Notice to Produce / Interlocutory

Legal Issues

  1. 1 Whether paragraphs 7 and 9 of the notice to produce are proper for the purposes of an application to adduce fresh evidence.

Ratio Decidendi

The grounds to support the notice to produce financial records and audit trails were not laid, and the application to adduce fresh evidence did not warrant such documentation. Thus, paragraphs 7 and 9 of the notice to produce were set aside.

Court Disposition

Application granted; paragraphs 7 and 9 of the notice to produce set aside.

Orders

  • Paragraph 7 of the notice to produce set aside.
  • Paragraph 9 of the notice to produce set aside.