Isaco Pty Ltd & Ors v. Toni Barbara Davey [2003] NSWSC 1262

Isaco Pty Ltd & Ors v. Toni Barbara Davey [2003] NSWSC 1262

The Defendant did not establish that production under the Notice to Produce would be unduly oppressive. On the Defendant's own evidence, she could give a simple formal answer that no further documents were known or available, and the Plaintiffs were entitled to that formal and binding response rather than informal correspondence. The proper course was to appear and answer the Notice, not to seek to set it aside.

Jurisdiction
Australia
Judgment Date
19 December 2003
Procedural Posture
Interlocutory Application in Proceedings to Set Aside a Statutory Demand / Application by the Defendant to Set Aside a Notice to Produce Dated 28 October 2003
Outcome
Defendant's application dismissed.
Legal Topics
['notice to Produce' 'statutory Demand' 'genuine Dispute' 'production of Documents' 'costs']
['civil Procedure' 'corporations Law' 'equity'] ['notice to Produce' 'statutory Demand' 'genuine Dispute' 'production of Documents' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application in Proceedings to Set Aside a Statutory Demand / Application by the Defendant to Set Aside a Notice to Produce Dated 28 October 2003

Legal Issues

  1. 1 ["Whether the Notice to Produce should be set aside because the documents sought were unnecessary to substantiate the Plaintiffs' allegation of a genuine dispute." 'Whether the Notice to Produce was too wide or oppressive to the Defendant.' 'Whether the Plaintiffs were entitled to a formal and binding response to the Notice to Produce rather than informal assurances in correspondence.']

Ratio Decidendi

The Defendant did not establish that production under the Notice to Produce would be unduly oppressive. On the Defendant's own evidence, she could give a simple formal answer that no further documents were known or available, and the Plaintiffs were entitled to that formal and binding response rather than informal correspondence. The proper course was to appear and answer the Notice, not to seek to set it aside.

Court Disposition

Defendant's application dismissed.

Orders

  • ['The application to set aside the Notice to Produce is dismissed.' 'The Defendant must pay the costs of that application.']