Eddie Michael Awad & anor v Twin Creek Properties Pty Ltd [2011] NSWSC 921

Eddie Michael Awad & anor v Twin Creek Properties Pty Ltd [2011] NSWSC 921

Paragraphs 1-3 were set aside because paragraph 1 was too wide, paragraph 2 sought material of remote, if any, significance to the proceedings, and paragraph 3 failed the specificity requirement in UCPR r 34.1. Paragraphs 4-8 were not set aside because no sufficient objection was made to paragraph 4 and the asserted absence of documents for paragraphs 5-8 did not make the notice oppressive, vexatious or otherwise inappropriate.

Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Practice and Procedure Notice to Produce / Defendant's Notice of Motion to Set Aside Notice to Produce
Outcome
Paragraphs 1, 2 and 3 of the notice to produce dated 21 June 2011 set aside; defendant ordered to produce documents referred to in paragraphs 4, 5, 6, 7 and 8 to the extent in its possession.
Legal Topics
['notices to Produce' 'production of Documents' 'specificity of Documents' 'setting Aside Notice to Produce']
['civil Procedure'] ['notices to Produce' 'production of Documents' 'specificity of Documents' 'setting Aside Notice to Produce']

Case Brief

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Procedural Posture

Practice and Procedure Notice to Produce / Defendant's Notice of Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether paragraphs 1-3 of the notice to produce should be set aside for excessive breadth, remote significance, or lack of specificity.' 'Whether documents referred to in paragraphs 4-8 of the notice to produce should be produced to the Court.']

Ratio Decidendi

Paragraphs 1-3 were set aside because paragraph 1 was too wide, paragraph 2 sought material of remote, if any, significance to the proceedings, and paragraph 3 failed the specificity requirement in UCPR r 34.1. Paragraphs 4-8 were not set aside because no sufficient objection was made to paragraph 4 and the asserted absence of documents for paragraphs 5-8 did not make the notice oppressive, vexatious or otherwise inappropriate.

Court Disposition

Paragraphs 1, 2 and 3 of the notice to produce dated 21 June 2011 set aside; defendant ordered to produce documents referred to in paragraphs 4, 5, 6, 7 and 8 to the extent in its possession.

Orders

  • ['Set aside paragraphs 1, 2 and 3 of the notice to produce dated 21 June 2011.' "Order that the defendants produce to the Court the documents referred to in paragraphs 4, 5, 6, 7 and 8, to the extent that they are in the defendant's possession, by 12 noon on 28 June 2011."]