In the matter of Chapmans Ltd ACN 000 012 386 (No 2) [2015] NSWSC 2061

In the matter of Chapmans Ltd ACN 000 012 386 (No 2) [2015] NSWSC 2061

The notice to produce was served in an unreasonably short timeframe and constituted an abuse of process; leave to file an amended originating process and a cross-claim were granted, but determination of new issues at the scheduled hearing was not assured.

Jurisdiction
Australia
Judgment Date
11 May 2015
Procedural Posture
Corporations List / Procedural Application
Outcome
notice to produce set aside; leave to file amended originating process and cross-claim granted; orders as per judgment
Legal Topics
['notice to Produce' 'leave to Amend Originating Process' 'leave to File Cross Claim']
['procedure' 'corporations'] ['notice to Produce' 'leave to Amend Originating Process' 'leave to File Cross Claim']

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Procedural Posture

Corporations List / Procedural Application

Legal Issues

  1. 1 ['whether notice to produce should be set aside for unreasonable timeframe' 'whether leave should be granted to file amended originating process' 'whether leave should be granted to file cross-claim prior to hearing']

Ratio Decidendi

The notice to produce was served in an unreasonably short timeframe and constituted an abuse of process; leave to file an amended originating process and a cross-claim were granted, but determination of new issues at the scheduled hearing was not assured.

Court Disposition

notice to produce set aside; leave to file amended originating process and cross-claim granted; orders as per judgment

Orders

  • ['Notice to produce issued by plaintiff to defendants dated 8 May 2015 is set aside' 'Plaintiff granted leave to file further amended originating process by close of business 11 May 2015' 'Plaintiff not entitled to rely at hearing on affidavit evidence not served by 13 May 2015' 'Defendants not entitled to rely at...