Woods, P.G. & Ors v H & R Block Inc. & Ors [1995] FCA 392

Woods, P.G. & Ors v H & R Block Inc. & Ors [1995] FCA 392

The notice to produce is set aside due to lack of clarity and ambiguity, particularly in its paragraphs. The court directs further discovery, requiring the first respondent to make a thorough search and file a further affidavit of discovery.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 April 1995
Procedural Posture
Motion / Interlocutory
Outcome
Notice to produce set aside; direction for further discovery; costs order made in favour of the first respondent, subject to argument.
Legal Topics
['discovery' 'notice to Produce' 'affidavits']
['civil Procedure'] ['discovery' 'notice to Produce' 'affidavits']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ["Whether the applicants' notice to produce should be set aside" 'Adequacy of discovery by the first respondent']

Ratio Decidendi

The notice to produce is set aside due to lack of clarity and ambiguity, particularly in its paragraphs. The court directs further discovery, requiring the first respondent to make a thorough search and file a further affidavit of discovery.

Court Disposition

Notice to produce set aside; direction for further discovery; costs order made in favour of the first respondent, subject to argument.

Orders

  • ['Notice to produce dated 5 April 1995 set aside.' 'First respondent to file a further affidavit of discovery on or before 11 May.' "Costs of the motion to be the first respondent's costs in the proceeding, subject to counsels' argument."]