Pioneer Mortgage Services v ANZ Bank [2013] NSWSC 1107

Pioneer Mortgage Services v ANZ Bank [2013] NSWSC 1107

No legitimate forensic purpose was shown for production, and confidentiality was apparently uncontested; thus, the document was not required to be produced.

Parties
Plaintiff: Pioneer Mortgage Services Pty Ltd; First Defendant: Australia and New Zealand Banking Group; Second Defendant: Columbus Capital Pty Ltd
Jurisdiction
Australia
Judgment Date
02 August 2013
Procedural Posture
Notice of Motion / Interlocutory Ruling on Production and Inspection of Document
Outcome
Document not required to be produced for inspection.
Legal Topics
Production and Inspection, Notice to Produce, Confidentiality, Forensic Purpose
Practice and Procedure Production and Inspection Notice to Produce Confidentiality Forensic Purpose

Case Brief

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Parties

Pioneer Mortgage Services Pty Ltd

Plaintiff

Australia and New Zealand Banking Group

First Defendant

Columbus Capital Pty Ltd

Second Defendant

Procedural Posture

Notice of Motion / Interlocutory Ruling on Production and Inspection of Document

Legal Issues

  1. 1 Whether the document referred to in a pleading should be produced for inspection where confidentiality is claimed and no forensic purpose is established

Ratio Decidendi

No legitimate forensic purpose was shown for production, and confidentiality was apparently uncontested; thus, the document was not required to be produced.

Court Disposition

Document not required to be produced for inspection.

Orders

  • The plaintiff to serve its evidence by 16 August 2013.
  • The matter is stood over for directions on 23 August 2013.